\ 


3k  ©pi^k  fSkt  J>nit 


A.  FULL 

METRICAL,  JURIDICAL,  AND  ANALYTICAL 

REPORT 

OF  THE 

EXTRAORDINARY  SUIT  FOR  LIBEL 

OP 


GEORGE  OPBVKE  “VEBSIS"  THlfRlOW' WEED 


WHICH 

PROGRESSED  PROM  DAT  TO  DAT,  COMMENCING  ON  THE  13th 
DAT  OP  DECEMBER,  1864,  AND  ENDING  ON  THE 
11th  JANUART,  1865, 


IN  THE 

NEW  YORK  SUPREME  COURT  CIRCUIT, 


BEFORE 

JUDGE  CHARLES  MASON. 


Testimony  of  Witnesses  —  Speeches  of  Counsel  —  Incidents 

of  the  Trial, 

BY  A  PULL  CORPS  DE  BULLY,  SHORT  AND  LONG  METRE  REPORTERS. 

COPYEIGHT  SECTJEED. 

PRICE  TWENTY-FIYE  CENTS. 


NEW  YORK : 

PRINTED  POR  THE  PUBLISHERS. 

I860. 


GEORGE  OPDYKE  “verses"  THURLOW  WEED 


THE  ACTION. 

’Twas  a  pretty  suit  for  our  Lawyers  to  plead — 
The  trial  of  Opdyke  and  Thuelo w  W eed  ; 

For  Opdyke  his  great  Lawyers  feed, 

To  make  the  pockets  of  Thuklow  bleed, 

Because  he  printed  and  uttered  and  wrote 
What  he  wouldn’t  have  done  if  he  cared  a  groat 
For  worthy  Opdyke,  our  quondam  Mayor, 
Charges  enough  to  make  a  horse  swear ! 


THE  JURY. 


There  were  twelve  men  from  business  torn, 
As  the  trusty  Jurors  were  called  and  sworn, 
Men  of  good  repute  and  fame, 

And  known  and  called,  each  one  by  name. 


Chakles  B.  Coknell. 
Thomas  Waeeen. 
Makcus  Klingee. 
William  Holden. 
John  Dkinkek. 
Edwaed  M.  Seaman. 


Beeman  Cushman. 
Benjamin  Way. 

Henky  J.  Hanson. 
Henky  Haeeis. 

H.  K.  Bull. 

Caspae  J.  Westeevelt. 


Field  &  Emott,  for  Plaintiff. 

Evakts  &  Pieeeepont,  for  Defendant. 

Committees  on  the  part  of  various  associations,  citizens,  news-boys, 
boot-blacks,  &c.,  &c.,  &c. 


4 


THE  OPENING  BY  EMOTT. 

Ex- Judge  Emott  opened  the  case, 

With  potent,  grave  and  reverend  face. 

He  said,  for  the  Plaintiff,  as  Counsel,  he 
Knew  popular  interest,  in  some  degree, 

Was  felt  in  the  case  they  were  there  to  try, 

And  prove  how  much  T.  Weed  could  lie. 

His  Client,  Opdyke,  was  of  a  class 
Of  honest  Merchants, — gold  not  brass 
Was  what  he  dealt  in  all  his  days; 

Truth  was  his  word,  and  honest  his  ways,- 
As  he  walked  his  path,  in  the  public  gaze, 

And  won  and  deserved  the  people’s  praise. 

But  then  came  Weed,  with  a  jealous  eye, 

He  wrote  these  Libels,  he  knew  not  why; 

And  thus  Judge  Emott  went  on  to  say, 

In  an  eloquent,  strong  and  earnest  way. 

Weed  charged  that  Opdyke  was  employed — 

A  charge  that  Opdyke  much  annoyed — 

As  a  secret  Partner  in  army  cloth, 

And  stole  into  Blankets  like  hidden  moth, 

For  which  Counsel  called  for  the  facts; 
Weed  stated,  those  things  did  all  expand, 

And  Opdyke  made  money  underhand, 

In  clothing  and  Gun  Contracts; 

More  money,  in  fact,  than  could  ever  be  made 
By  “  fifty  Sharpers,”  in  regular  trade, 

Or  Jew  or  Gentile,  every  one, 

Unless  they  knew  how  the  thing  was  done. 

How  wicked  this  was,  you  will  understand, 

When  these  libels  were  spread  all  over  the  land 
From  the  pen  of  Weed,  whose  power,  you  know, 
Is  great  in  this  country,  for  weal  or  woe. 

He’s  a  motive  power,  in  the  world  of  thought, 

As  told  by  the  plain  results  he’s  wrought. 

He  has  done  much  more  than  any  man, 

In  wise,  discreet,  ingenious  plan, 

To  build  up  his  Party’s  power; 

A  party,  that  now  when  it  rules  the  roost, 
Displays  to  the  world,  despite  of  the  cost, 

A  spirit  that  nothing  can  cower. 


5 


And  thus  talked  Opdyke’s  Lawyer  true, 
For  the  space  of  a  lengthy  hour  or  two, 

In  showing  that  Opdyke  was  hurt ; 

If  valued  in  dollars,  the  damage  was  worth, 
As  clear  as  damage  was  done  on  earth, 

Fifty  thousand  was  only  dirt. 


EVIDENCE  OF  PUBLICATION. 

Witnesses  were  sworn  to  make  estimation, 

And  prove  the  extent  of  the  vexed  publication ; 

Ten  Eyck,  Wilder  and  Marble  were  examined  a  pace. 
When  the  Plaintiff  declared  he  rested  his  case. 


THE  DEFENSE. 

The  talking  of  damage  was  all  very  well, 

But  the  other- side  had  a  story  to  tell, 

Before  the  money  was  paid ; 

So  ex- Judge  Pierrepont  arose  and  said — 

On  Opdyke’s  corns,  if  Weed  did  tread, 

’Twas  in  calling  a  spade — a  spade. 

He  said  he  felt,  like  Hamlet,  he  did, 

Not  in  the  scene  where  Poloniotjs  is  hid, 

And  Hamlet  his  mother  does  harrow, 

But  where  he  speaks  in  the  proper  place 
Of  the  Providence  and  the  special  grace 
There  is  in  the  fall  of  a  sparrow. 

In  fact,  he  had  striven  with  all  his  power, 

Not  to  come  to  the  scratch  or  trial  hour, 

But  had  thought  that  he  would  he  to  blame, 

If  he  did’nt  stand  up  like  -a  cock  was  game, 

And  show  in  the  fight 
His  client  was  right, 

And  put  George  Opdyke  to  shame ! 

He  saw  it  as  plain  as  the  nose  on  his  face, 

Our  country  had  got  in  a  very  tight  place, 

^  So  that  spite  of  our  laws,  and  our  Grand  Constitution, 
We  were  just  on  the  eve  of  a  great  Revolution. 

It  was  so  in  England,  it  was  so  in  France, 

Where  the  tune  of  the  taxes  had  made  people  dance; 


6 


Where  corruption  was  great,  and  virtue  was  small, 

And  the  looseness  of  morals  had  mortiiied  all. 

De  Tocqueville  had  spoken  with  wisdom  his  fears 
To  the  Chamber  of  Deputies’  assinine  ears, 

That  passed  by  unheeded,  as  well  knew  the  Jury, 

The  signs  then  foretelling  the  popular  fury, 

’Till  old  Louis  Phillippe  was  sent  to  bemoan 
With  his  children  the  loss  of  his  Kingdom  and  Crown. 

O 

From  the  day  of  this  trial,  was  certain  to  spring 
Revolutions  beginning,  or  other  such  thing, 

And  the  people  advised  how  their  will  was  defeated, 

W ould  rise  up  and  never — never  more  would  be  cheated ! 


RECESS. 

Here  the  words  of  the  orator  sounded  so  fine, 

The  Judge  said  he  thought  the  Jurors  might  dine; 

But  for  fear  that  their  guzzling  they  might  not  repress, 
He  would  grant,  by  the  clock,  just  five  minutes  Recess. 

When  the  Court  and  thfe  Jury  assembled  once  more, 
Pierrepo>tt,  as  Counsel,  went  on  as  before, 

What  had  been  charged,  in  Thurlow  W eed’s  view, 

He  would  show  to  the  Jury,  was  all  of  it  true, 

From  the  funds  of  the  City,  Opdyke  had  received 
What  had  not  been  legal,  he  fully  believed, 

Opdyke  put  to  this  his  voucher  and  fiat , 

For  Guns  and  Machinery  lost  in  the  riot, 

He  charged  for  the  claim,  in  his  son-in-law’s  name, 

But  himself  was  the  owner  and  played  the  whole  game. 

He  had  also  received,  in  another  strange  way, 

Some  ten  thousand  dollars  from  Rufus  the  Gay, 

And  this  they  would  show,  to  the  Jury  and  Court, 

Had  been  paid'  so  that  Rufus  might  get  into  Port. 

Another  charge  was,  in  sums  disproportionate, 

He  had  taken  from  Fremont  what  was  “  extortionate 
All  this  they  would  show,  was  not  managed  sub  rosa, 
But  extracted  in  stock  they  called  Mariposa. 


i 


In  fact,  Opdyke  had  gone  a  great  way  into  trade, 
And  extortionate  Contracts  with  Government  made : 
For  all  of  these  charges,  was  Weed  overhauled, 

And  to  prove  they  were  true  his  witnesses  called. 


THE  EVIDENCE. 

James  Watson ,  Auditor,  was  then  called  and  sworn, 

From  the  files  of  his  office  his  papers  were  borne, 

Check  he  produced,  with  indorsement  complete, 

One  hundred  and  ninety-nine  thousand,  seven  hundred,  neat. 
This  was  the  check  which  the  Chamberlain  paid, 

For  the  claim  ’gainst  the  County,  Farley  had  made. 

Joseph  13.  Young ,  was  the  next  witness  called, 

He  proved,  from  the  documents  then  overhauled, 

He  was  Clerk  to  the  board  of  our  good  Supervisors 
(Men  who  deceive  them  must  be  early  risers)  ; 

The  claim  made  by  Farley  the  board  had  allowed, 

Among  many  others  that  passed  in  a  crowd. 

The  witness  was  asked  for  the  committee’s  names 
That  had  been  selected  to  pass  on  the  claims, 

He  turned  o’er  some  pages,  and,  after  a  hunt, 

Gave  “Purdy,  Ely,  Davis,  Wiseman  and  Blunt,” 
Resolution  was  passed  that  the  claim  was  “  all  fair,” 

And  then  it  was  duly  “  approved  by  the  Mayor.” 


Testimony  of  Lorin  Jones. 

Jorin  Jones — the  witness  next  called  to  the  stand  — 

His  features  were  pleasant,  his  manners  were  bland; 

Was  living  in  Beach  street,  six  years  dwelling  here, 

His  age  was  mature  and  his  memory  clear. 

Employed  in  the  armory  Marston  possessed, 

When  Opdyke  his  money  did  freely  invest ; 

Opdyke  took  a  mortgage  for  what  he  invested, 

Till  he  as  an  owner  became  interested, 

Then  Marston  sold  out,  at  a  sum  that  was  named 
By  appraisers,  who  settled  the  price  that  was  claimed ; 
After  Opdyke  bought  in — the  fact  there’s  no  blinking  — 
Bus’ness  was  dull,  and  the  money  was  sinking. 

Opdyke  concluded  he’d  then,  beyond  doubt, 


» 


8 


Better  lose  on  his  bargain,  and  lind  his  way  out, 

Less  twenty-five  thousand,  was  willing  to  try  it, 

But  found  there  was  no  one  willing  to  buy  it. 

The  new  Superintendent  was  John  W.  Keene, 

He  was  put  there  to  work  and  make  it  run  clean. 

It  was  then  in  the  winter,  till  the  month  of  July 
Things  stood  much  the  same — they  had  never  been  spry ; 
They  then  were  behind,  in  debts  and  demands, 

Two  thousand  five  hundred  due  to  the  hands, 

One  hundred  eighty  thousand  due  to  the  owner, 

Thus  Opdyke  had  reason  to  be  a  bemoaner. 

I  was  there  at  the  riot  —  went  there  in  the  morning, 

But  left,  having  then  of  disturbance  no  warning ; 

Went  back  there  again,  at  the  riot’s  portending, 

Found  the  place  fortified,  the  police  defending. 

W e  had  let  off  our  men,  as  a  matter  of  course, 

As  we  found  ourselves  strong,  with  our  then  civil  force ; 
Soon  after,  the  mob  came  rushing  in  numbers, 

With  bowlings  would  waken  the  dead  from  their  slumbers 
The  fellow  that  headed  the  crowd  in  its  clamor, 

Stepped  up  to  the  entrance  with  heavy  sledge  hammer, 
He  dashed  at  the  door,  neither  slender  nor  thin, 

The  massy  oak  panels  full  soon  he  smashed  in, 

But  this  was  the  final  success  he  had  got, 

The  Policemen  fired  —  killed  him  dead  on  the  spot ; 

The  crowd  seeing  well  the  place  was  defended, 

Got  frightened,  ran  off,  and  so  it  then  ended. 

The  dead  carried  off,  and  the  wounded  retired, 

At  the  very  first  volley  the  Policemen  fired, 

We  were  safe  in  the  building,  but  nobody  stirred, 

For  we  saw  it  quite  plainly,  ’twas  danger  deferred ; 

All  at  once  came  an  order,  at  which  I  much  wondered, 
“To  take  off  the  Police,”  and  “some  one  had  blundered.” 
Went  to  Captain  Cameron,  to  learn  if  he  knew  it, 

Asked  at  the  Station  House,  why  they  should  do  it, 

Could  learn  nothing  there — went  down  to  the  Hall, 

But  Opdyke  had  gone  at  the  time  of  my  call. 

Told  Farley  my  fears,  and  then  asked  him  whei'e 
I  could  possibly  go  and  find  out  the  Mayor; 

Said  Opdyke,  tho’  brave,  felt  somewhat  unwell, 

And  had  gone  for  repose  to  Saint  Nicholas’  Hotel. 


9 


At  the  hotel  I  saw  him,  and  told  him  our  danger, 

But  he  took  the  thing  coolly,  as  would  any  stranger, 

Said,  “Allah!  was  great,  and  that  man  was  a  sinner, 

He  felt  very  hungry,  and  would  go  and  take  dinner.” 
Took  leave — fed  my  grief  on  two  brandy  smashes  — 
Went  back — found  the  Factory  burning  to  ashes. 

After  that  came  the  business  to  make  out  the  claim, 

For  the  property  given  a  prey  to  the  flame; 

Asked  Opdyke  how  he  would  figure  it  out, 

But  he  how  to  do  it  knew  nothing  about ; 

He  said  that  he  wanted  to  get  his  own  back, 

He  seemed  much  at  fault,  and  was  quite  off  the  track ; 

I  said,  “  Mister  Opdyke,  why  don’t  you  behold, 

If  that’s  all  you  claim,  you  leave  out  in  the  cold 
All  other  parties  who,  connected  with  you, 

Would  like  compensation,  and  ‘getting  back,’  too.” 

To  this,  my  suggestion,  he  answered  at  once, 

“I  find  in  this  matter  I’ve  been  quite  a  dunce.” 

I  said  there  were  Guns,  five  hundred  completed, 

We  should  charge  the  full  price,  or  else  would  be  cheated, 
And  that,  as  those  Guns  had  all  been  inspected, 

That  clearly  no  flaw  could  in  that  be  detected ; 

“The  price  they’ll  go  off  on,  as  nothing  prevents, 

Is  twenty-four  dollars  and  seventy  cents ; 

The  unfinished  Guns  will  bring  the  same  sum,  too, 
Deducting  the  price  the  labor  will  come  to, 

To  make  them  complete,  and  this  should  be  done, 
Deducting  the  labor  to  finish  each  Gun.” 

This  plan  he  adopted  —  we  ciphering  scholars 
Made  it  reach  over  two  hundred  thousand  dollars ; 

On  the  Gun  charges  alone,  nought  could  be  said  of  it, 
That  sixty-five  thousand  was  counted  as  profit. 
Cross-examined  by  Field — The  carbines  were  rare, 

There  is  one  of  them  here,  at  a  price  that  is  fair, 

Thinks  twenty-five  dollars,  its  value  would  pay. 

The  fact’ry  when  burned,  made  fifty  a  day. 

Ten  dollars  seventy,  the  profits  were  made, 

On  each  gun  was  turned  out,  in  regular  trade. 

The  macliin’ry  in  value  had  also  advanced, 

To  twenty  per  cent  witness  thought  it  enhanced; 

He  himself  has  a  suit,  he  brought  to  obtain, 

From  Opdyke  &  Company,  part  of  their  gain, 

2 


10 


There  being  agreement,  on  work  that  was  done, 

The  witness  should  get  a  small  price  for  each  gun. 

Redirect  by  Pierrepont — Question:  “Now  do  you  know 
In  the  way  that  you  figured  and  ciphered  it  so, 

Can  you  tell  us  or  not,  any  credit  was  made 
For  the  twenty-eight  thousand  the  government  paid? 
Witness — “No  sir,  ’twas  charged,  at  least  ’twas  intended, 
As  so  much  cash  out  and  counted  expended.” 

Pierrepont —  “How  can  such  nonsense  be  ever  defended?” 
Witness — The  Royalty  price  did  to  thirty  thousand  come, 
And  was  charged  to  the  city,  in  such  a  round  sum.” 


Testimony  of  Charles  McXeill. 

Charles  McNeill,  to  the  stand,  was  called  as  a  witness, 

To  make  things  more  plain,  and  determine  their  fitness, 

“  Is  Member  of  Assembly  from  County  of  Queens, 

Has  dabbled  in  politics,  knows  beans  is  beans, 

Had  certain  relations,  they  were  business  ones, 

In  the  factory  up  town,  in  the  making  of  guns, 

There  was  suit  against  Opdyke,  brought  in  his  wife’s  name, 
To  settle  by  law,  the  dispute  of  our  claim. 

Held  chattel  mortgage,  for  advances  were  made, 

Six  thousand  five  hundred,  put  in  the  trade, 

Marston  sold  out,  when  Farley  came  in, 

But  Opdyke  was  really,  the  man  with  the  “tin.” 

Made  agreement  with  Farley,  for  two  dollars  a  gun, 

Which  Opdyke  had  afterwards  attempted  to  shun. 

I  went  to  his  house  to  clear  up  the  doubt, 

And  with  my  friend  Williamson,  talk  the  thing  out, 
Opdyke  wished  first,  a  privacy  sealed, 

That  what  was  there  said,  should  not  be  revealed, 

He  would  speak  first,  and  when  he  was  through, 

I  might  begin,  if  I  chose  so  to  do. 

Question:  Well,  what  did  he  say?  He  talked  like  a  calf, 
And  bleated  away  an  hour  and  a  half, 

My  story  then  I  undertook  for  to  tell, 

But  found  the  whole  thing  was  only  a  “sell.” 

For  he  interrupted,  again  and  again, 

And  the  truth  he  well  knew,  denied  it  quite  plain, 

I  took  up  my  hat,  as  such  meanness  controlled  him, 

And  what  I  then  thought  of  him  up  and  I  told  him. 


11 


What  did  you  tell  him?  Well,  as  you  desire, 

“He  was  a  d - d  rascal,  likewise  a  d - d  liar.w 

As  to  any  more  talking,  ’twas  all  of  it  vain, 

And  never  his  house,  would  I  enter  again. 

Here  came  up  a  question  of  great  legal  strife, 

Was  McNeill  a  partner,  or  only  his  wife, 

Because  in  the  libel  assertion  was  made, 

What  the  partner  of  Opdyke  had  called  him  or  said. 

It  was  left  to  the  jury  to  settle  the  doubt, 

If  right  it  was  in,  and  if  wrong  it  was  out. 

\_McNeill  continues  his  testimony .] 

I  told  Opdyke,  at  Albany,  at  Congress  Hall, 

He  should  be  ashamed  to  see  me  at  all ; 

He  went  into  breakfast,  and  I  into  him, 

So  the  breakfast  he  got  I  think  was  quite  slim ; 

He  thought  to  avoid  me,  but  found  it  was  vain, 

For  when  he  walked  out  I  boned  him  again ; 

I  called  him  “a  swindler”  and  “rascal”  qui,te  plain. 

Bootblaclc  (aside)  — “I  wonder  how  long  he  there  did  remain.” 

Witness  caused  Opdyke  to  be  sued  on  the  claim 
Which  arose  on  the  contract,  in  his  wife’s  name. 

Of  this  suit  there  recently  was  settlement  made, 

And  Opdyke  eleven  thousand  dollars  had  paid. 

Field — “  Pray  what  is  all  this  ?  will  you  tell  me  in  brief?” 
Evarts — “It’s  about  Oily  Gammon  ever  coming  to  grief.” 
Field — “Then  this  is  intended  to  show  Oily  Gammon 
Unwilling  to  pay,  he  was  so  fond  of  Mammon.” 

Evarts — “Whom  do  you  call  ‘Oily  Gammon,’  I  pray?” 
Field — “Who  do  you  call  ‘Gammon,’  I  leave  you  to  say.” 
Evarts — “I  do  not  use  the  phrase,  nor  a  person  so  call, 

But  if  you  will  adopt  it,  it’s  no  libel  at  all.” 

[Laughter.] 


[  Witness  continues .] 

At  the  time  is  referred  to,  I  said,  Opdyke,  look  here, 
If  you  want  to  be  Mayor,  this  thing  is  clear, 

You  can’t  win  on  your  likeness,  for  in  the  first  place, 
There  is  no  one  will  take  to  your  style  of  face; 

Ton  won’t  spend  any  money — but  this  I  can  do, 

Get  Rufus  S.  Andrews  to  raise  it  for  you; 


12 


He’ll  raise  you  the  money  to  make  you  the  Mayor, 
Provided  you  get  him  appointed  Surveyor; 

He  is  a  whole  team,  whenever  he  works, 

He’ll  get  yon  ten  thousand  from  Custom  House  Clerks; 
Says  he,  “  W on’t  he  cheat  me  ?”  Says  I,  “  I  don’t  know, 
He  may,  to  be  sure — but  to  give  you  a  show, 

Just  pick  out  a  man  that  you  really  can  trust, 

And  he’ll  see  that  Andrews  will  down  with  the  dust.” 

He  selected  Mister  W illiamson,  and  up  in  Broadway 
There  were  Williamson,  I,  and  Rufus,  the  Gay; 

In  an  Oyster  Saloon  we  made  the  thing  plain, 

And  walked  into  oysters  and  jolly  champagne. 

Andrews  promised  to  raise  “Ten  thousand”  for  Mayor, 
If  Opdyke  dropped  Stanton,  and  made  him  Surveyor. 

’Twas  fixed  and  concluded,  as  I  have  revealed, 

And  Opdyke  the  bargain  soon  afterwards  sealed; 

For  Andrews  and  he  to  Washington  started, 

And  got  the  appointment  before  they  departed. 

When  Andrews  returned,  I  think  there  was  none 
Ever  thanked  me  so  much  for  what  I  had  done ; 

He  promised  appointments  for  some  three  or  four, 

That  surely  I’d  get  them,  and  a  great  many  more, 

But  “  nary”  appointment  I  got  at  his  door 

Bernardus  Hendrickson ,  sworn:  “McNeill  it  was  told  me, 
For  five  thousand  dollars  he  a  contract  would  get  me; 

I  know  very  well  his  statements  controlled  me, 

And  I  lent  him  the  money,  he  so  had  beset  me, 

But  he  drew  on  me  then  for  two  thousand  more, 

Which  made  seven  thousand,  at  which  I  felt  sore. 

“On  finding  the  factory  gone  bv  the  fire, 

My  money,  too,  gone  in  the  roast, 

I  looked  to  McNeill,  with  the  greatest  desire, 

That  he  would  restore  me  the  cost. 

Got  power  of  attorney,  determined  I  would 
Settle  with  Opdyke  the  best  way  I  could. 

“I  settled  the  suit  without  telling  McNeill 
What,  in  fact,  I  intended  to  do, 

For  I  thought  it  was  better  my  plan  to  conceal 
’Till  I  got  the  thing  all  neatly  through. 


13 


Eleven  thousand  dollars  a  settlement  made, 

And  ’twas  only  last  month  the  money  was  paid. 

“  I  thus  got  my  money,  but  really  believe, 

So  long  was  it  coming  and  hid, 

Not  a  cent  of  my  debt  would  I  ever  receive 
If  things  had  not  chanced  as  they  did. 

I  gave  over  the  balance  to  Mrs.  McNeill, 

And  Opdyke  released  under  my  hand  and  seal.” 


John  TV  Keene  was  the  witness  then  called, 

And  when  on  the  stand  he  was  clearly  installed, 

He  said  that  for  twenty-two  years 
He  had  been  concerned  in  the  making  of  arms, 

A  bus’ness  that  had  a  great  many  charms, 

And  spoke  on  the  subject  with  tears. 

Took  care  of  the  goods  when  the  place  was  destroyed, 
Had  charge  of  the  workmen,  and  all  were  employed, 
Has  the  statement  of  Jones  in  his  mind, 

Thought  twenty-four  seventy,  price  of  a  gun, 

As  standard  of  value,  quite  a  just  one, 

W ould  swear  to  it  till  he  was  blind. 

The  barrels,  the  sights,  cone,  wiper  and  tongs, 

The  material  all  to  a  gun  which  belongs, 

Had  been  charged  at  a  price  that  was  fair; 

Sixteen  forty-eight  for  stock  and  for  laboi*, 

As  would  be  fair  dealing  of  neighbor  with  neighbor, 
All  this  he  was  ready  to  swear. 

At  this  standard  of  value  the  witness  did  see, 

There  was  Royalty  counted  for  the  Patentee, 

Three  fifty  was  therein  included, 

But  whether  or  not  he  had  ever  been  paid 
F or  guns  that  in  fact  had  never  been  made, 

His  opinion  it  was  not  intruded. 

The  Court  now  observed  it  was  time  to  adjourn, 

"When  Counsel  begged  leave  to  observe, 

There  was  something  the  Court  would  clearly  discern 
Should  by  no  means  be  held  in  reserve. 

He  spoke  of  the  comments  appeared  in  the  prints, 
Newspaper  articles  having  strong  hints. 

All  for  the  Jury  intended. 


14 


That  the  World  of  that  morning  had  spoken  so  plain, 
He  supposed  they’d  be  suing  for  Libel  again, 

And  here  is  another  is  of  the  same  kind, 

To  have  its  effect  on  each  Juror’s  mind, 

Truth  and  fiction  so  artfully  blended. 


“To  - . 

“And  hast  thou  then  forsaken, 

A  cold  farewell  thus  taken, 

"When  the  world  is  passing  by  me  with  a  frown  ? 
I  could  have  wished  some  other, 

In  the  feelings  that  I  smother, 

Struck  me  down. 

“Thy  parting  robe  that  brushed  me, 

Like  iron  weight  has  crushed  me, 

Since  all  I  thought,  or  cared  for,  was  but  thee ! 
And  now,  how  cold  and  weary 
Are  the  days  and  nights  so  dreary, 

Spent  by  me. 

“I  had  no  other  treasure, 

No  other  wish  or  measure, 

Save  in  thy  sweet  communion  pass  my  days. 

My  pulse  now  beats  the  quicker, 

My  blood,  like  fire  its  liquor 
Heated  blaze. 

“  In  forest  bare  in  winter, 

The  tree’s  denuded  splinter’, 

The  wind  that  passes  by  it  makes  a  moan. 

So  stand  I  bare  and  lonely, 

The  sport  of  fortune  only, 

Stripped  and  lone. 

t 

“  And  now  athwart  the  glooming 
Of  this  bitter  hour’s  entombing, 

Is  there  light  that  is  not  earthly,  shining  far? 
Alas !  that  I  should  feel  it, 

And  Heaven  above  reveal  it, 

Not  a  Star.” 


15 


The  Court — Gentlemen  of  the  Jury,  you  must  take  care, 

Not  to  be  caught  by  any  hidden  snare, 

Such  prints  as  these  be  careful  not  to  read, 

They  are  pernicious  in  their  aim  indeed, 

And  those  who  read  them  are  ever  sure  to  find 
They  first  impress  and  then  corrupt  the  mind. 

To  pass  this  over,  perhaps  it  may  be  best  to, 

No  one  can  tell  whom  it  is  addressed  to, 

That  is  the  danger  of  such  publication, 

Unknown  the  writer  and  his  occupation. 

Gentlemen,  be  careful,  as  you  would  of  your  lives, 

Do  not  speak  a  word  —  not  even  to  your  wives ; 

On  this  point,  too,  the  law  is  very  clear, 

Don’t  take  gin  toddy  when  you  should  take  beer; 

Beware  your  children,  take  care  of  your  drink, 

And  this  of  all  things,  do  not  even  think. 

Mind  this  advice,  wherever  you  resort, 

And,  Mr.  Crier,  you’ll  now  adjourn  the  Court. 

Bootblack  (going  out) — “Billy,  that  Judge  is  a  rum  old  cove.’1 
Newsboy — -“He’ll  put  ’em  through,  I’ll  bet  he  will,  by  Jove.” 

The  next  day  the  Jury  having  attended, 

The  trial  went  on  from  where  ’twas  suspended. 

William  F.  Brooks  was  then  called  to  the  stand, 

His  story  was  plain,  and  he  told  it  off"  hand : 

“The  contract  for  Guns,  he  first  had  secured, 

Charles  McNeill  was  with  him  when  ’twas  procured, 

The  Patentee’s  interest  he,  Brooks,  represented, 

Got  the  Government  contract  for  Guns  Gibes  invented ; 

The  order  required  ten  thousand  guns,  full, 

Made  ten  thousand  and  fifty,  and  found  it  was  dull. 

The  Royalty  price,  to  the  Patentee  paid, 

Was  six  dollars  fifty,  for  each  Gun  was  made ; 

I  assigned,  then,  to  Hendricksok,  through  Charles  McNeill, 
He  with  Opdyke  and  Farley,  did  afterwards  deal. 

The  contract  ran  out,  but  I  got  it  renewed, 

And  Opdyke  and  McNeill  its  filling  pursued, 

Till  the  Riot  and  Fire,  in  the  month  of  July, 

Made  the  Gun  making  cease  and  the  business  die. 

On  the  contract  renewed,  to  make  it  more  thrifty, 

The  Royalty  price  was  only  three  fifty, 


16 


At  fifteen,  thousand  due  me,  I  wished  to  arrive, 

But  out  of  George  Opdyke  I  only  got  five.” 

Amor  J.  Williamson  was  then  sworn,  and  deposed : 

“  The  Sunday  Despatch  he  controlled, 

Knew  Opdyke  six  years,  and  witness  supposed, 

Knew  McNeill,  since  ten  years  had  rolled, 

Met  Opdyke  daily,  in  the  fall  of  sixty-one, 

When  for  office  of  Mayor  he,  Opdyke,  had  run ; 

Also  knew  Andrews,  ’twas  all  of  it  true 
A  bargain  with  Andrews  was  made, 

As  McNeill  told  the  story  all  the  way  through, 

’Twas  precisely  as  McNeill  had  said. 

Andrews  had  promised  Ten  Thousand  to  pay, 

In  an  Oyster  Saloon,  was  up  in  Broadway, 

For  Opdyke’s  election  to  the  office  of  Mayor, 

If  Opdyke  would  get  him  Portship  Surveyor. 

The  money  so  raised,  to  committees  was  paid, 

When  Andrews  in  office  was  seated, 

And  this  was  a  game  in  politics  played, 

In  the  Custom  House  often  repeated. 

Question :  “  Is  it  not  the  custom  on  officials  to  call 
To  contribute  to  all  our  elections  ?” 

Answer:  “Why  yes,  but  I  know,  they  often  sing  small, 

And  make  in  response  sad  defections.” 

Bootblack  (aside)  —  “  If  you  was  in  the  Custom  House,  would  yer 
dine  on  pickled  salmon  ?” 

Newsboy  —  “Pickled  Salmon  he  blowed,  why  the  office  is  all 
gammon.” 

Robert  U.  Hutchings ,  was  called  on  to  tell, 

What  he  knew  of  the  Farley  riot  claim, 

He  was  Clerk  of  the  Board  and  knew  very  well, 

The  committee  examined  the  same. 

Opdyke,  Blent,  Purdy,  Wiseman  and  Little, 

Were  the  persons  upon  the  committee, 

Many  claims  were  presented,  were  worthless  and  brittle, 

But  Farley’s  was  paid  by  the  city.” 

“  The  claims  were  examined  in  regular  way, 

The  witness  proceeded  to  state, 

And  notice  was  printed  in  papers  each  day, 


17 


As  for  this  one — “  Two  thousand  and  eight.” 

Farley  was  there  and  swore  of  the  claim 
“  He  was  the  owner  entire,” 

These  were  his  words  as  I  wrote  down  the  same, 

“  For  the  property  lost  in  the  fire.” 

Blunt  said  that  the  claim  it  ought  to  he  paid, 

He  had  sifted  and  found  it  all  square, 

But  to  this  his  Report,  objection  was  made, 

And  deduction  was  made  then  and  there. 

Elijah  F.  Purdy ,  then  evidence  gave, 

“  Supervisor  was  long  in  the  board, 

He  thought  that  this  claim  of  Farley  was  grave, 

And  had  moved,  of  his  own  accord, 

That  Blunt  should  examine  and  pass  on  the  claim 
As  his  knowledge  of  guns  was  so  great ; 

But  afterwards  thought,  there  was  some  one  to  blame, 

That  the  thing  was  not  honest  and  straight, 

He  found  to  this  claim,  there  had  been  exception, 

It  was  kept  from  the  Special  Committee, 

Which  had  been  appointed  to  find  out  deception, 

In  all  riot  claims  ’gainst  the  city, 

So  witness  declined  to  vote  in  its  favor, 

Thought  it  was  wrong  and  had  a  bad  flavor.” 

Palladboy  (aside)  —  “I  tell  yer  what  it  is,  that  War  horse  is  a 
Snorter.” 

Newsboy  —  “  Yer  may  bet  yer  pile  on  that,  he  is’nt  nothin’  shorter.” 

Smith  Fly,  Junior,  then  testified : 

“  He  in  the  Board  on  Blunt  had  relied 
To  give  to  the  claim  an  inspection. 

Blunt  knew  about  guns ;  I  thought  his  report, 

Rather  too  large  for  a  claim  of  that  sort, 

But  rather  than  give  it  rejection, 

I  moved  a  reduction  —  reduction  was  made 

And  then  the  whole  claim  was  adopted  and  paid.” 

John  Feyser,  sworn,  and  he  as  follows 
Told  his  story,  how  that  he 
Was  in  committee  they  called  Central, 

Central  Republican  Committee. 

3 


18 


In  Election  Mayoralty, 

In  the  fall  of  Sixty-one, 

There  were  raised  three  thousand  dollars, 

This  the  way  the  thing  was  done : 

Opdyke  did  advance  two  thousand, 

I  a  thousand — making  three — 

Till  the  Custom  funds  came  forward, 

Paying  back  the  same  to  me ; 

I  to  Opdyke  then  refunded 
What  from  him  I  had  received, 

Making  good  his  twenty  hundred, 

Saving  George  from  being  grieved. 

Hiram  Barney ,  sworn,  he  stated, 

“  Was  Collector  of  the  Port ; 

Opdyke  came  to  him  complaining 
He  of  funds  was  running  short. 

Know  I  raised  eight  thousand  dollars — 

Three  to  Iyeyser’s  order  went, 

While  five  thousand,  other  payment, 

W as  to  Churchill’s  people  sent ; 

All  these  levied  contributions 
Were  the  off’ ring  of  the  free, 

Each  one  gave  his  voluntary, 

Heedless  what  his  pay  might  be ; 

All  was  done  quite  full  and  hearty, 

Not  by  force  the  least  controlled, 

Praying  blessings  on  the  Party, 

Free  to  give  or  to  withhold.” 

Gilbert  C.  Young  deposed,  and  what  was  in  his  story 
Was  about  the  Custom  House,  ever  in  its  glory. 

Henry  B.  Stover  was  then  sworn,  and  related, 

He  had  furnished  goods  to  Marston,  as  then  he  fully  stated ; 
Witness  said,  the  articles  unto  the  county  charged 
Were  in  the  items  he  had  sold  at  every  turn  enlarged ; 

That  in  fact  the  machinery,  instead  of  worth  the  more, 

Had  fallen  off  at  least  a  third,  from  all  the  knocks  it  bore ; 

And  that  the  charge  for  labor  was  also  overrated, 

A  man  or  two  could  make  the  tools,  where  twenty  had  been  stated. 
Thus  making  up  in  dollars  seventeen  thousand  less, 

And  putting  matters  in  a  shape  and  very  different  dress ; 


19 


The  value  of  machinery  the  factory  contained 
Was  thirty-three  thousand,  and  then  a  point  was  strained; 
Machinery  is  not  so  good,  and  ne’er  the  price  commanded 
Whenever  it  is  run  awhile  and  reckoned  second-handed. 

Soots  (aside) — “Do  yer  think  that ’ere  machinery  as  great  as  repre¬ 
sented  ?” 

JYewsboy  —  “iSTo;  it  was  a  patent  safety  game,  by  which  they  cir- 
cumwented.” 

Lucius  H.  Gibbs  then  testified,  he  had  made  the  Gun, 

“The  Gibb’s  Patent  Carbine,”  a  quite  efficient  one, 

He  of  the  Gun  was  Patentee,  as  in  this  lawsuit  called, 

And  when  he  found  the  claim  was  paid,  had  Farley  overhauled. 
Told  Farley,  in  his  office,  when  the  sum  received  was  stated, 

“A  large  swindle”  on  the  city  was  clearly  perpetrated. 

Hamilton  Harris ,  sworn ;  he  gave  a  full  relation 
About  a  letter  Opdyke  sent  to  get  a  publication ; 

It  had  been  sent  to  Albany,  to  the  Senator,  his  brother, 

To  have  the  letter  printed,  in  some  favored  way  or  other. 

The  Standard  and  Statesman  the  letter  gave  at  large, 

And  Counsel  wished  to  read  it,  as  Opdyke’s  published  charge ; 
But  the  Court,  upon  inquiry  what  the  matter  was  about, 

Said  it  would  not  answer,  and  ruled  it  should  go  out. 

The  Judge,  by  his  appetite,  plainly  discerned 

It  was  time  he  should  dine,  so  the  Court  he  adjourned ; 

While  Billy,  the  bootblack,  asked  Field,  on  the  stairs, 

If  he  in  the  verdict  would  let  him  go  shares. 


The  trial  again,  was  resumed  the  next  day, 

Its  popular  interest,  increasing  in  sway. 

Clothed  in  the  garb  of  their  judicial  power 
The  Jury  assembled,  close  to  the  hour, 

The  Judge  had  appointed  to  open  the  Court, 

Its  progress  and  incidents  here,  we  report. 

All  within  the  Court  house,  was  hushed  in  grim  repose, 

But  soon  a  hum  of  whispered  sounds,  within  its  precinct  rose, 
And  standing  up  on  benches,  the  eager  sought  to  see, 

While  Lawyers  mute  within  the  bar,  showed  they  could  silent  be, 


20 


As  John  C.  Fremont,  then  was  called,  and  took  the  witness 
stand, 

Whose  name  with  party  fervor,  went  once  throughout  the  land. 
And  thus  the  General  testified  —  his  story  as  it  ran, 

Revealed,  if  one  can  hold  his  own,  he  is  a  lucky  man. 

Was  lately  Major-General,  he  the  service  did  resign, 

Had  lived  in  California,  and  there  had  owned  a  Mine, 

’Twas  called  the  Mariposa,  and  as  I  understand, 

Forty  thousand  acres  of  running  fertile  land. 

Was  seventeen  years  owner,  and  then  I  took  occasion, 

To  work  the  mine  more  freely  by  stock  incorporation. 

The  mine  when  worked  on  surface,  had  yielded  ample  gain, 
And  more  in  regular  mining,  within  the  rock  or  vein, 

Thinks,  Three  Millions  dollars,  from  rock  they  did  explore, 
Besides  the  surface  mining  —  a  fruitful  yield  of  ore  — 

Several  thousand  persons,  their  living  did  intrust 

To  the  gold  that  they  could  carry  off  by  washing  of  the  dust. 

Ten  Millions,  the  Stock  Capital,  our  Company  controlled, 
Before  my  interest  in  the  same  was  parted  with  or  sold, 

I  held  a  legal  title  to  six-eighths  of  it  complete ; 

Seventy-five  thousand  Shares,  with  many  claims  to  meet. 

There  was  money  sought  in  England,  Germany  and  France, 
But  none  we  found  were  grilling,  to  make  required  advance, 
From  further  litigation,  we  were  by  Patent  freed, 

But  the  costs  and  the  Incumbrances,  Two  Millions  did  exceed, 
The  interest  too  upon  the  debt,  enormously  was  swelling 
At  the  price  of  two  per  cent  a  month,  in  sums  of  Thousands 
telling, 

I  began  negotiations  and  found,  as  pleased  the  fates, 

The  most  I  could  depend  on,  had  soon  become  three-eighths, 
And  as  my  shares  were  going  and  getting  very  small, 

I  thought  three-eighths  far  better  than  not  a  share  at  all, 

The  Company  determined  after  fighting  many  rounds, 

We  should  get  free  from  all  our  debts  by  issuing  of  bonds, 

The  liens,  debts,  incumbrances  as  they  had  all  enlarged 
Bv  a  million  and  a  half  of  Bonds  were  all  to  be  discharged, 
Selover  took  twelve  thousand  shares  and  five  hundred  more 
To  Park  and  Billings,  same  to  each,  the  shares  were  counted 
o’er, 

Then  by  a  written  contract,  which  gave  them  free  control, 
Opdyke,  Ivetchum,  Hoy,  owned  Quarter  of  the  whole. 


21 


And  in  the  same  agreement,  as  it  was  signed  and  sealed, 

Two  thousand  shares,  as  Counsel  fee,  were  handed  o’er  to  Field. 
The  greedy  swarmed  around  me,  as  bees  within  a  hive, 

I  had  to  sell  Five  Thousand  shares,  at  price  of  “  twenty-five,” 
And  tho’  I  cannot  now  recall,  to  whom  the  sale  was  made, 

Nor  can  I  say  the  price  of  stock,  when  brought  to  such  a  trade, 
But  this  I  know,  what  e’er  it  was  at  regular  market  fares, 

The  full  discharge  of  all  the  debts,  fell  down  on  my  slim  shares. 

Thomas  G.  Fields  was  sworn :  Is  Counselor-at-Law ; 

Becollects  the  Fakley-Opdyke  claim,  the  witnesses  he  saw 
When  about  to  swear,  and  question  them  on  what  they’d  got  to 
say, 

Blunt  said  that  he’d  examine  them,  and  I  might  stay  away. 

Blunt  said  that  he  was  great  on  guns, 

And  would  my  place  supply; 

Would  examine  all  the  witnesses, 

Just  as  well  as  I; 

As  I  appeared  as  Counsel,  and  Blunt  I  knew  was  bright, 

I  did  not  care  to  interfere,  supposing  all  was  right. 

I  know  nothing  more  about  it,  till  the  claim  came  up  for  pay, 

I  thereupon  protested  ’gainst  settlement  that  way ; 

I  spoke  of  other  witnesses,  disinterested  all, 

I  thought  but  fair  on  such  a  claim  the  Board  at  least  should  call. 

Ainsworth  Brown ,  his  opinion  did  express, 

The  Machinery  lost  was  in  value  less, 

From  time  it  was  bought,  till  destroyed  as  related, 

Some  forty  per  cent  from  the  value  as  stated. 

Philip  Tillinghast  said,  that  after  the  fire 
He  called  on  the  plaintiff,  and  then  did  inquire 
If  he  with  more  guns  would  wish  a  supply, 

But  holding  a  contract  did  Opdyke  deny. 

William  C.  Churchill,  sworn:  He  related  the  facts 
Concerning  the  particulars  of  certain  cloth  contracts ; 

Had  contracts  for  the  army,  for  cloth  coats  that  were  blue, 
Opdyke  bought  the  contracts,  and  filled  the  orders  through. 

Samuel  Churchill ,  being  sworn,  gave  evidence  the  same, 
Opdyke’s  army  contracts  were  neither  small  nor  tame. 


22 

Henry  S.  Spaulding  then  was  called ;  lie  gave  the  Court  to  know 
He  was  a  member  of  the  firm  of  Spaulding,  Hunt  &  Co. ; 
Witness  deals  in  woolen  goods,  and  recollects  one  day, 

Sold  five  thousand  yards  to  Opdyke,  in  color,  white  or  gray ; 

It  was  in  1861 — the  cloth  was  doeskin  new, 

Which  Opdyke  sent  to  Jersey,  to  have  it  dyed,  a  blue; 

I  know  the  dye  was  very  bad,  as  bad  as  dye  could  be, 

And  Opdy'ke,  on  rejected  coats,  four  thousand  claimed  of  me 
I  said  the  cloth  was  able  to  take  a  good  blue  dye, 

But  Opdyke  said  it  failed  in  spots,  which  was  the  reason  why 
He  claimed  that  I  should  settle  for  rejected  coats  in  full ; 

And  so  I  had  to  pay  him  for  the  spoiling  of  my  wool, 

That  is  to  say,  to  end  it,  its  fume  and  fret  and  cost, 

I  took  what  Opdyke  said  he’d  give,  and  seventeen  hundred  lost; 
I  found  a  wind  was  blowing,  not  gently,  from  the  South, 

And  took  my  hand,  as  best  I  could,  from  out  the  Lion’s  mouth. 

Thomas  Smith  gave  evidence,  and  testified  on  oath, 

He  Partner  was  with  Opdyke,  in  clothes  and  army  cloth ; 

One  contract  came  from  Morgan,  but  there  were  many  others 
Which  Opdyke  filled  and  finished  through  the  firm  of  Smith 
Brothers. 

Witnesses  Keyes  and  Bacon  both  testified 
That  Government  contracts  Opdyke  supplied. 

Thomas  F.  Carhart  then  gave  detailed  relation 

Of  the  many  contracts  Opdyke  held,  of  richest  speculation, 

On  Overcoats,  Jackets,  Infantry  Frock  Coats,  Blouse,  and 
The  like,  he  made  one  hundred  and  seventy-two  thousand; 

Up  to  June,  sixty-three,  witness  estimated  clearly, 

Sum  total  of  contracts,  five  millions  nearly. 

William  B.  Cogswell  and  Charles  B.  Hoeyn  both  stated 
How  much  the  lost  machinery  had  been  overrated. 

William  Thompson,  also,  gave  the  same  relation  ; 

It  was  not  of  the  value  charged,  by  fullest  calculation. 

James  Hoey,  the  witness  next  was  called,  gave  evidence  to  show 
The  parties  interested  in  the  stock  was  bought  so  low, 

Five  thousand  shares,  at  “twenty-five,”  were  put  upon  the  shelf, 
The  parties  operating,  Ivetchum,  Opdyke  and  himself. 


23 


Charles  II.  Ward  testified  that,  as  a  broker,  he 
Knew  the  value  of  the  stock  in  eighteen  sixty-three ; 

It  ranged  from  forty-five  to  fifty-five,  at  which  the  sales  were  made 
The  witness  spoke  as  knowing  well  its  daily  mai’ket  grade. 

Here  Counsel  required  they  again  should  have  Stover , 

So  he  was  recalled,  they  examined  him  over ; 

Cross-examined  him,  too,  as  much  as  they  pleased, 

In  Fort  Lafayette  he  long  had  been  squeezed ; 

In  the  whole  of  his  conduct  there  was  not  a  flaw, 

He  was  placed  in  the  Fort  without  Justice  or  Law ; 

His  views  on  the  subject,  that  he  might  explain, 

He  delighted  the  Court  with  the  following  strain ; 

Whatever  on  earth  induced  him  to  do  so, 

The  air  of  his  song  was  “  Old  Robinson  Crusoe 


“Habeas  Corpus.” 

Air —  Old  Robinson  Crusoe. 

Oh,  Habeas  Corpus,  why  did  you  die  ? 

Why  did  you  go  and  leave  us  ? 

Why  did  you  make  a  last  good  bye, 

And  such  an  old  friend  bereave  us  ? 

But  thus  it  is,  when  growing  old, 

We  find  our  hope’s  delusion, 

And  all  alone  are  left  to  bemoan 
The  ills  of  our  Constitution. 

Great  old  Habeas  Corpus !  good  old  Habeas  Corpus ! 

Oh,  why  did  you  die  and  leave  us  to  cry, 

We’ve  lost  our  Habeas  Corpus? 

The  people  rave  around  your  grave, 

Our  country  why  forsake  her  ? 

The  Marshal  Provost  has  no  tears  to  flow, 

But  serves  as  an  undertaker. 

’Twas  no  friendly  blow  that  laid  you  low, 

But  one  was  given  on  purpose, 

F or  Freedom’s  self  is  laid  on  the  shelf, 

Beside  her  Habeas  Corpus. 

Great  old  Habeas  Corpus  !  good  old  Habeas  Corpus ! 

Why  did  you  leave,  and  cause  us  to  grieve, 

Good  old  Habeas  Corpus  ? 


24 


There’s  something  to  pay  in  four  millions  a  day, 

As  the  world  turns  round  on  its  axis, 

And  although  we  may  fight  for  the  Union  and  right, 
And  not  care  a  fig  for  our  taxes ! 

Oh,  what  do  we  gain,  by  all  that  are  slain, 

As  the  war  for  the  Union’s  extended, 

With  all  we  have  lost,  and  all  it  has  cost, 

With  Habeas  Corpus  suspended  ? 

Great  old  Habeas  Corpus  !  good  old  Habeas  Corpus ! 

Take,  if  you  please,  our  bread  and  our  cheese, 

But  leave  us  our  Habeas  Corpus ! 

Let  Tyranny  sway  whomsoever  it  may, 

At  home  or  abroad,  let  us  meet  it 
With  all  its  bold  art,  true  courage  at  heart, 

And  our  right  and  our  might  will  defeat  it. 

If  a  citizen  get  into  F ort  Lafayette, 

Or  in  secret  is  sent  to  Fort  Warren, 

The  same  is  his  doom,  in  his  sealed  prison  tomb, 

If  the  tyranny’s  native  or  foreign. 

Great  old  Habeas  Corpus !  good  old  Habeas  Corpus ! 

Oh,  why  did  you  die,  and  leave  us  to  cry, 

We’ve  lost  our  Habeas  Corpus  ? 

At  Runnymede,  the  People’s  creed, 

By  valor  was  attested, 

Great  Freedom’s  chart,  by  manly  art, 

From  Tyranny  was  wrested. 

And  since  that  day,  no  Monarch’s  sway, 

Or  force  of  Tyrant’s  fury, 

Could  e’er  withstand  or  countermand 
The  Right  of  trial  by  J ury. 

Great  old  Habeas  Corpus !  good  old  Habeas  Corpus ! 

Oh,  why  did  you  die,  and  leave  us  to  cry, 

We’ve  lost  our  Habeas  Corpus  ? 

Tho’  writs  of  Right  have  lost  their  might, 

And  leave  us  undefended, 

And  martial  powrer,  but  rules  the  hour, 

With  martial  pomp  attended. 

Oh,  let  us  pray,  we’ll  see  the  day, 

To  war  no  longer  partial, 

When  the  Civil  Court,  if  but  for  sport, 

Will  swallow'  up  the  Martial. 


25 


Great  old  Habeas  Corpus  !  good  old  Habeas  Corpus ! 
Oh,  why  did  you  die,  and  leave  us  to  cry, 

We’ve  lost  our  Habeas  Corpus  ? 

With  Stover’s  story  through,  and  testimony  tested, 

The  Defendant’s  Counsel  rose  and  said  his  case  he  rested. 


« 


REBUTTING  EVIDENCE  OF  PLAINTIFF. 

William  W.  Marston  proved  the  bill  of  sale, 

And  William  L.  Colby  gave  a  full  detail, 

And  mentioned  the  items  which  were  not  demurred  to, 

Of  the  value  he  placed  on  the  goods  were  referred  to. 

Augustus  Weisman ,  Supervisor  for  the  County, 

At  the  time  of  the  Riots  and  volunteer  bounty, 

Recollects  Farley’s  claim,  knew  not  how  they  planned  it, 
But  knew  well  enough  he  could  not  understand  it. 

To  make  things  all  square,  as  his  memory  runs, 

He  left  it  to  Blunt,  who  knew  all  about  Guns. 

Boots  (aside)  —  “May  I  be  bio  wed,  if  this  here  isn’t  fun.” 
Newsboy — “  Now,  what  on  earth  do  you  know  about  a  gun  ?” 

Charles  JO.  Birdseye  and  Richard  A.  Reading , 

W ere  called  upon  to  testify,  with  brevity  exceeding ; 

They  had  been  appointed  examiners  of  claims, 

And  had  not  much  to  testify,  in  answer  to  their  names. 

Orison  Blunt  was  then  called  to  the  stand, 

And  a  buzz  of  excitement  went  round, 

As  he  stood  up  serene,  and  quickly  scanned, 

The  Judge  and  Jury  profound. 

Having  been  sworn  —  ’tis  true  the  report, 

Orison  blandly  bowed  to  the  Court. 

Then  Orison  showed,  as  his  story  he  told, 

His  was  the  profession  of  arms, 

He  had  learned  first  to  make  them,  when  not  very  old, 
For  Pistols  and  Guns  have  their  charms. 

As  Falstaff  was  followed  by  the  Bardolphs  and  Nyms, 
The  firm  that  he  stuck  to  was  old  Blunt  and  Syms. 

4 


26 


I  know  not,  said  Orison ,  much  about  scenery, 

Nor  like  Rosa  Bonheur  know  a  horse, 

But  I  know  about  Guns,  and  all  gun  machinery, 

And  an  artist  am  reckoned,  of  course. 

It  is  not  that  I  brag,  but  this  I  will  say, 

Who  knows  more  about  Guns,  I  don’t  know  him  to-day. 

I  recollect  well,  that  through  the  Comptroller 
W as  this  claim  of  F arley  preferred, 

Witness  up  to  that  time,  was  an  outside  beholder, 

Nor  from  Farley  nor  Opdyke  had  heard, 

When  it  came  to  the  board,  there  was  so  much  to  do, 

They  all  said  “Blent  hear  it  and  report  when  you’re 
through.” 

I  examined  witnesses  Farley,  Marston  and  Keene, 

And  many  others,  day  after  day, 

I  let  each  talk  away,  till  his  story  was  seen, 

When  I  said  “Mr.  Clerk,  write  away.” 

Hutchings  put  down,  what  he  was  told  to  by  me, 

For  the  rest  of  the  story  was  all  fiddle-de-dee. 

Thomas  C.  Fields,  I  remember  quite  plain, 

At  that  time,  did  his  services  yield, 

Whenever  he  wanted  a  furlough  to  gain, 

I  was  happy  to  give  it  to  Field. 

Fields — “Fields,  if  you  please.”  Well,  Fields  as  you  call. 
Did  Fields  speak  of  witnesses?  No,  not  at  all. 

I  know  about  guns,  and  this  too  I  say, 

I  never  was  in  a  “  tight  place.” 

As  a  knowledge  of  guns  is  of  use  for  display, 

The  bar  I’m  determined  to  grace ; 

If  the  jurymen  wish  on  my  efforts  to  smile, 

I  can  meet  them  hereafter  and  speak  of  the  style.” 

As  Orison  left,  he  was  singing  a  song, 

And  we  give  it  place  here,  as  it’s  not  very  long. 


Air — My  Name  it's  Columbus. 

“My  name  is  well  known,  I  was  born  in  Connecticut, 

Of  poor  but  honest  parents  as  the  story  always  runs,  mrm 
’Twas  in  New  York  city,  I  served  my  apprenticeship, 

And  there  got  my  living,  by  making  of  guns. 


27 


When  spending  my  days  at  a  toil  so  laborious, 

On  honor  and  wealth  I  then  fixed  my  eye, 

For  oh!  in  my  bosom,  the  wish  is  galorious, 

I’m  bound  to  be  Mayor,  by  Jingo,  or  die. 

Our  country  in  danger,  and  torn  by  dissension, 

From  War’s  desolation  there’s  little  to  shield, 

A  long  list  of  battles  too  tedious  to  mention, 

By  conscription  is  calling  more  men  to  the  field, 

But  while  all  this  fighting  is  onward  progressing, 

The  volunteer  bounty  the  draft  does  supply, 

While  the  people  in  wonder  on  me  crave  a  blessing, 

For  I’m  bound  to  be  Mayor,  by  Jingo,  or  die. 

’Tis  true  I  may  get  a  nice  testimonial, 

A  draft  on  the  city  were  better  beside, 

A  service  of  plate  with  arms  quite  baronial, 

Is  a  nice  thing  to  have  just  to  gaze  on  with  pride, 

For  oh,  can  you  measure  rich  treasure,  possessing 
A  snug  fifty  thousand,  bestowed  on  the  sly, 

But  this  is  a  trifle,  not  worth  while  confessing, 

For  I’m  bound  to  be  Mayor,  by  Jingo,  or  die.” 

Thomas  C.  Acton — “Is  Commissioner  of  Police; 

On  the  thirteenth  July,  Sixty-three, 

At  noon  was  an  order,  at  the  riot’s  increase, 

That  our  men  should  concentrated  be, 

They  were  ordered  to  come  to  head-quarters  that  day, 

At  the  time  I  have  mentioned,  and  make  no  delay. 

Maestox  again  was  examined  anew, 

As  Counsel  requested  a  question  or  two. 

When  Marstox  was  through,  certain  captains  of  police, 
Captains  Cameron  and  Burdick  gave  evidence  apiece, 

All  of  the  story  the  captains  related, 

Bainjield ,  Buckman ,  Vosburgh ,  all  corroborated. 

James  Mallette ,  of  Evening  Post ,  gave  evidence  entire 
What  had  been  said  by  Opdyke,  when  speaking  of  the  fire, 

The  claim  would  go  in  Farley’s  name,  and  as  he  then  commented, 
The  money  in  the  business,  he,  Opdyke,  represented. 

George  W.  Farley ,  then  gave  a  long  relation, 

That  he  was  Opdyke’s  son-in-law,  and  gave  a  valuation 


28 


Of  all  the  stock,  machinery,  and  men  that  were  employed, 

Gave  description  of  the  Riot,  and  the  factory  destroyed, 

Had  never  said  he  was  entire  owner  of  the  claim, 

He  but  answered  to  a  question  Blunt  asked  him  of  the  same, 

“  Are  you  the  owner  of  this  claim  ?”  to  which  I  answered,  “  yes,” 
As  Blunt  spoke  about  the  ownership,  I  said  no  more  nor  less, 

“  Is  there  any  other  party  will  claim  for  this  requital  ?” 

“  To  this  I  made  reply,  here’s  my  evidence  of  title,” 

Producing  then  the  document,  a  regular  bill  of  sale, 

“That  will  do,  my  boy,”  said  Blunt,  “now  just  begin  your  tale.” 

John  Parrette ,  then  detailed  that  he  the  books  had  kept, 

How  fire  and  destruction,  the  property  swept, 

The  net  proceeds  at  auction,  the  debris  controlled, 

Twenty-six  hundred,  for  all  that  was  sold. 

Miles  French ,  in  the  fact’ry,  kept  the  time  of  the  men, 

And  was  also  employed  on  the  books  with  his  pen. 

He  was  asked  a  few  questions,  and  made  but  short  delay, 

His  answers  through,  he  soon  was  “Miles”  away. 

General  Charles  ~W.  Sandford,  was  then  called  to  the  stand, 

With  his  noble  soldier  bearing  and  look  of  full  command, 

Tho’  his  hair  is  growing  greyer  and  his  locks  are  thin  that  stray, 
That  once  in  martial  primness,  were  the  glory  of  Broadway, 

There’s  still  a  fire  within  him,  as  he  walks  with  sturdy  gait, 

The  gallant  veteran  soldier  of  our  Princely  Empire  State. 

The  General  recollected,  July,  eighteen  sixty-three, 

On  the  thirteenth  of  the  month  when  he  had  come  to  town, 

He  found  a  note  from  Opdyke,  requesting  that  he, 

Should  come  with  greatest  promptitude  and  put  the  riot  down, 
He  went  to  see  the  Mayor,  of  forces  then  bereft, 

His  men  had  gone  to  Harrisburgh  and  scarcely  one  was  left. 

The  General,  a  soldier,  at  danger  did  not  cower, 

He  gathered  all  the  men  he  could  command, 

And  though  but  slim  his  numbers  and  much  advanced  the  hour, 
He  checked  and  kept  the  Rioters  in  hand, 

When  martial  force  was  absent  the  Riot  had  increased, 

With  our  Regiments’  return  all  disturbance  ceased. 

The  General  then  complying,  with  a  Juryman’s  request, 

Who  asked  him  if  he’d  sing  a  song,  said  he’d  do  his  best, 


29 


And  this  the  song  the  General  sang,  and  sung  with  so  much  grace, 
It’s  worthy  special  mention  in  the  pleadings  and  the  case. 

“Not  Julius  Caesar  nor  Nebuchadnezzar, 

Nor  all  them  poets  and  ancient  bards, 

Can  vie  with  them  heroes,  like  so  many  Neroes,  [Guards.” 
That  are  to  be  found  in  “  The  New  York  Judge  Mike  Connelly 
With  their  colors  flying,  to  stand  till  dyeing , 

Erin  go  Pluribus,  IJnum  Bragh  ! 

“The  Captain’s  a  beauty,  when  he’s  on  duty, 

Of  divil  a  thing  is  he  afraid; 

Not  mathematics  can  bate  his  tactics, 

Or  match  him  at  the  sojer  trade. 

With  his  colors  flying,  to  stand  till  dyeing, 

Erin  Go  Pluribus,  Unum  Bragh. 

“There’s  Ensign  Donnelly  and  Corporal  Connelly, 

Oh !  thim’s  the  boys  to  fire  a  gun ! 

And  if  Sarjint  McMenomy  should  see  an  enemy, 

’Tis  he  would  show  him — how  to  run! 

With  his  colors  flying,  to  stand  till  dyeing, 

Erin  Go  Pluribus,  Unum  Bragh. 

“There’s  Colonel  O’Nale,  sir,  Pd  go  him  bail,  sir, 

He’d  take  a  fortress — on  the  longest  lease, 

And  there’s  not  a  man,  sir,  but  would  take  the  Redan,  sir, 

If  the  inimy  ownly  would  leave  the  place ! 

With  their  colors  flying,  to  stand  till  dyeing, 

Erin  Go  Pluribus,  Unum  Bragh. 

“If  Gineral  Grant,  sir,  himself  would  plant,  sir, 

And  say,  ‘  my  boys,  let’s  have  a  fight,’ 

Be  jim-a-neddy,  they’d  all  be  ready 

To  show  themselves — just  out  of  sight! 

With  their  colors  flying,  to  stand  till  dyeing, 

Erin  Go  Pluribus,  Unum  Bragh. 

“  ’Tis  not  fight  they  dread,  sir,  but  then  they’ve  read,  sir, 

The  Constitution  o’er  and  o’er, 

They’re  sogers  in  pace,  sir,  and  this  the  case,  sir, 

They  are  well  behaved,  stay  at  home,  quietly  voting  the 
Mike  Connelly  ticket  in  time  of  war ! 

With  their  colors  flying,  to  stand  till  dyeing, 

Erin  Go  Pluribus,  Unum  Bragh.” 


30 


Rufus  T.  Andrews  then  stood  on  the  stand, 

He  looked  like  a  Prince,  in  his  way, 

For  of  all  the  fine  fellows,  there’s  no  one  so  bland, 
Or  charms  you  like  Rufus  the  gay. 

He,  Oppyke  had  known,  from  eighteen  fifty-nine, 
An  acquaintance,  indeed,  that  was  hearty, 

For  he’d  labored  to  aid  him,  all  in  his  line, 

With  his,  Witness’s  “Know  Nothing ”  party. 

When  Lincoln,  Chicago  first  put  in  the  field, 

I  thought  it  was  better  to  range, 

As  the  doom  of  my  party  forever  was  sealed 
I  felt  better  off  by  the  change. 

This  party  I  joined,  for  the  office  I  wished, 

But  traveled  not  far  in  my  journey, 

When  I  in  the  scramble  was  done  for  and  dished 
For  the  office  of  District  Attorney. 

I  then  took  of  things  a  more  solid  survey , 

And  on  fortune  became  an  attendant, 

While  I  smoothly  slipt  in,  in  a  suitable  way, 

For  the  office  whose  giving  was  pendant. 

I  started  for  Washington,  longing  to  get, 

But  was  told  that  I  should  not  remain, 
Belligerents  there  the  thing  had  so  set, 

I  returned  to  New  York  again. 


I  remember  I  met  with  Mr.  McNeill 
At  “his  oyster  saloon”  on  Broadway,* 

While  the  table  was  “spread”  with  luxuries  real  — 

1  know  I  had  nothing  to  pay. 

From  this  eatingr  and  drinking  I  well  understood 
There  was  something  expected  from  me, 

For  W illiamson  there,  talked  as  much  as  he  could 
Of  the  things  that  he  wished  me  to  see. 

He  spoke  at  the  time  of  Opdyke’s  election, 

And  as  I  for  Surveyor  was  bent, 

He  said  I  should  give  what  would  be  a  dissection 
Of  the  salaries,  so  much  per  cent. 

The  amount  that  he  spoke  of  and  wished  me  to  raise 
If  I  the  Surveyor  should  be, 


31 


Was  out  of  proportion  in  so  many  ways 
It  really  too  steep  was,  for  me. 

When  I  got  into  office  they  turned  out  a  bore, 

Those  worthies,  in  one  way  or  other, 

For  McNeill  really  wanted  appointments  a  score, 
And  Williamson  one  for  his  brother. 

I  examined  his  brother  when  not  very  tight, 

His  merits  I  wished  to  discover, 

But  found,  on  my  word,  he  could  not  read  or  write, 
So  I  kicked  his  appointment  right  over ; 

But  ever  since  then  I  have  found  to  my  cost, 

In  slang:  articles  against  me  a  batch, 

That  Williamson’s  brother,  so  boldly  I  tossed, 

Went  to  edit  the  Sunday  Dispatch. 

Question :  Did  you  say  you  would  give  any  large  sum 
If  for  you  the  appointment  was  got — 

Did  you  promise  when  drinking  the  champagne  or  rum? 
Answer:  By  no  means,  sir,  most  certainly  not. 

When  I  was  in  office  but  only  a  week, 

McNeill  in  an  intimate  way 
Remarked  that  if  I  on  appointments  would  leak, 

The  thing  would  be  certain  to  pay. 

Says  he,  do  you  know  that  out  of  each  one, 

I  can  surely  make  three  hundred,  cash. 

Said  I,  “  it  is  infamous,”  when  he  had  done, 

And  his  face  turned  the  color  of  ash; 

The  rebuke  that  I  gave  him  sobered  him  quite, 

He  slunk  quite  abashed  to  the  door; 

When  he  saw  me  in  virtue  shining  so  bright, 

He  returned  to  my  office  no  more. 

’Tis  strange  that  the  world  is  so  given  to  lies, 

That  the  talk  in  the  oyster  saloon 
Should  be  so  perverted  and  turned  in  such  wise, 

As  to  look  that  I  needed  a  boon  ! 

For  here  I  declare,  with  an  emphasis  strong, 

Had  they  spoken  to  me,  as  they  say, 

I’d  have  thought  their  proposal  so  morally  wrong, 

I’d  have  shrunk  from  the  oysters  away ! 


32 


First  Citizen  (aside) — “  That’s  noble  talking,  sir,  don’t,  you  really 
think?” 

Second  Citizen — “Yes;  Rate’s  a  good  fellow,  I’ll  ask  him  out  to 
drink.” 

George  Lockwood  spoke,  that  Spaulding’s  cloth, 

This  martial  fact  made  true, 

Tho’  it  might  dye  a  bloody  red, 

It  would  not  dye  a  blue. 

Samuel  G.  Striker  and  James  T.  Young , 

Much  the  same  way  their  evidence  sung. 

Miles  Richardson  then  was  called  to  the  stand, 

But  he  was  ruled  out,  in  a  moment  off  hand. 

Albert  Robertson  and  Edmund  R.  Requa 
Were  likewise  ruled  out,  on  matters  of  law. 

James  G.  Barrett  was  sworn  and  testified, 

“  He  thirty  thousand  yards  of  Spaulding’s  cloth  had  dyed ; 
Piece  goods,  not  as  good  as  other  cloth,  he  knew, 

In  taking  a  dye  from  Indigo  blue.” 

Merwin  R.  Brewer ,  deposed,  that  walking  Broadway, 

Arm  and  arm  with  Ullman  and  Andrews  one  day, 

They  met  Mr.  Opdyke,  said  he,  “  How  der  do  ?” 

“Very  well,”  said  Andrews,  “Pray  how  are  you?” 

Then  Andrews  said,  “  Opdyke,  do  you  know  what,”  said  he, 

“That  I  the  Surveyor  am  going  to  be?” 

“Bless  my  nose  !”  said  Opdyke,  “  You  don’t  tell  me  so, 

Well,  I’ll  be  blowed,”  and  his  nose  he  did  blow; 

And  then  he  went  on,  with  many  confessions, 

Of  what  he  owed  Andrews,  and  other  expressions, 

That  Stanton,  his  man,  was  a  bad  running  horse ; 

He  was  “  gladder”  that  Andrews  would  get  it,  of  course. 

About  Andrews’  appointment,  the  witness  knew  well, 

And  the  following  story  proceeded  to  tell, — 

On  the  ninth  of  July,  it  was  the  day  we  did  depart, 

For  the  noble  Port  of  Washington,  hope  strong  within  our  heart, 
We  landed  there  in  safety,  a  staunch  and  jolly  crew, 

There  was  Ullman,  Kirk,  Price,  Bertiiolf,  and  other  coves  1 
knew; 

A  Dennis  and  a  Cooper  fell  in  to  give  their  aid, 

All  self-appointed  delegates  who  “push”  for  Andrews  made. 


33 


We  waited  on  the  President,  and  made  a  great  display, 

We  said  in  his  Election  we  had  nobly  worked  away; 

We  gave  our  vote  of  party — a  vote  perhaps  not  small  — 

As  some  would  say,  “no  nothing,”  and  some  “  dark  lantern”  call; 

I  spoke,  from  written  argument,  the  finest  declamation, 

And  thundered  forth  strong  passages  from  Ullman’s  last  oration ; 

I  said  that  from  his  labors  had  Andrews  lost  his  health, 

And  that  now,  if  he  got  office,  he  would  do  good  by  stealth. 

“That  reminds  me,”  said  Abe  Lincoln,  who  always  loves  his  joke, 
“Of  that  passage  in  the  Scripture  where  Balaam’s  Jackass  spoke.” 
And  he  said,  while  laughing  hearty,  I  thought  he’d  not  outlive  it, 
“For  that  truthful  observation,  to  Rufe  alone  I’ll  give  it, 

Like  the  Stewart,  in  the  story,  there  are  many  I  could  name, 
Themselves  do  good  by  stealing,  and  don’t  blush  to  find  it  fame.” 

George  W.  Blunt ,  sworn :  lived  in  the  city, 

Chairman  of  the  Union  Republican  Committee, 

Books  and  Charts  he  published,  mostly  antiquarian, 

Was  to  the  Coast  Survey  an  outside  Barbarian, 

Knew  Plaintiff  well,  but  knew  not  in  sixty-one, 

What  within  the  Custom  House  was  either  said  or  done. 

Timothy  C.  Churchill ,  related  and  told, 

Of  the  many  expedients  were  made, 

To  raise  funds  for  Opdyke,  “  Greenbacks”  or  “Gold,” 

And  mostly  by  Custom  House  aid. 

’  John  J.  Phelps ,  sworn,  ’bout  the  Mariposa  Claim, 

Consulted  Mr.  Ketchum  on  the  subject  of  the  same, 

Llad  been  shown  a  Pamphlet  about  the  whole  affair, 

And  was  told  that  General  Fremont  would  sell  a  quarter  share, 
Two  millions  and  a  half  was  the  value  of  the  same, 

But  witness  thought  the  candle  was  not  worth  the  game. 

John  P.  Waring ,  declared  there  was  increase 
In  Fact’ry  Gun  Machinery,  in  value  of  each  piece. 

John  A.  Schenck ,  assumed,  and  said  he  estimated, 

The  Factory  Gun  Machinery  had  not  been  overrated. 

W  JP.  Armstrong ,  was  clerk  to  the  Mayor, 

Of  all  correspondence  the  witness  had  care, 

Witness  identified  the  “  Mayor’s  Proclamation  ” 

In  1863,  and  “Police  Communication.” 

5 


34 


H.  P.  Shelden,  Stover’s  truth  to  impeach, 

Said  his  general  character  was  out  of  his  reach, 

But  as  to  particular,  he  Was  nothing  loath, 

To  say  he  would  not  believe  him  on  oath. 

On  cross-examination ,  it  came  out  quite  hearty, 

Shelden  was  attorney  ’gainst  Stover  as  party, 

And  so  ’twas  apparent,  as  ev’ry  one  saw, 

What  the  witness  declared,  was  presumption  of  law. 

Charles  E.  Jenkins ,  then  took  the  witness  chair 
As  Attorney  for  the  Plaintiff,  had  taken  special  care, 

To  take  out  a  Commission,  certain  evidence  to  get 

Which  had  been  sent  to  W ashington,  but  not  returned  as  yet. 

With  Jenkins’  story  ended  and  evidence  complete, 

The  aforesaid  George  Opdyke,  then  took  the  witness  seat, 

There  was  something  in  his  features  Don  Quixote  did  recall, 

That  is,  the  rueful  visage,  but  the  grandeur,  not  at  all, 

His  air  it  was  so  solemn,  as  he  kissed  the  Sacred  book, 

He  strongly  did  remind  you,  of  a  languid  Master  Cook, 

Not  Master  Cooke,  the  Roscius,  that  long  at  Astley’s  played, 

But  the  Cook  who  was  so  meagre,  that  meagre  soup  he  made. 

Opdyke’s  Testimony. 

The  Contracts  for  the  Factory  were  made  in  my  own  name, 

The  amount  was  charged  the  County  was  a  just  and  honest  claim, 
McNeill  had  said  the  charges  ’gainst  the  County  were  too  small, 
And  that  things  had  been  omitted,  that  were  not  so  at  all, 

The  Twenty-five  thousand  the  Government  paid 

In  the  claim  against  the  County  no  “  charge  ”  had  been  made, 

’Twas  not  all  “  forgotten,”  or  put  in  quiet  nooks, 

But  written  down  in  figures  on  the  pages  of  our  books. 

I  did  not  make  a  bargain  ’bout  Custom  House  Surveyor, 

Provided  I  got  money  to  be  elected  Mayor ; 

I  never  saw  McNeill  in  Washington  at  all, 

The  story  that  I  did  so  I  fabrication  call ; 

I  did  not  go  to  Washington  that  Andrews  might  have  place, 

And  of  my  name  at  Willard’s  his  books  have  not  a  trace. 

As  to  money  from  the  Custom  House,  the  witnesses  have  stated, 

It  was  made  in  contributions,  when  I  was  nominated ; 

And  as  to  the  contracts,  in  which  I  bought  or  sold, 

The  same  in  form  and  substance  the  witnesses  have  told ; 


35 


All  of  Carhart’s  story  about  interests  is  true, 

Such  were  the  contracts  of  our  firm  whose  filling  we  got  through. 

I  ne’er  forestalled  the  market,  whatever  it  might  be, 

For  there  was  A.  T.  Stewart  had  a  larger  stock  than  we. 

Evarts  —  We’ve  nothing  to  do  with  Stewart — don’t  want  to  hear 
’bout  him. 

Field  —  Of  course,  you  only  want  to  hear  of  those  with  honor  slim 
In  dealing  with  the  Government,  that  we  know  quite  well. 

Evarts — You’ve  hit  the  very  story  of  your  client  that  we  tell. 
Field  —  You’ve  no  right  to  say  that,  and  I  give  it  denial. 

Evarts  —  And  do  you  assert  Mr.  Stewart’s  on  trial  ? 

Field  —  No ;  but  Mr.  Weed  is,  I  hope  you’ve  found  that  out. 
Evarts  —  ’Tis  somewhat  late  to  ask  who  is,  that’s  fixed  beyond  a 


doubt. 


Cross-examined. 


If  the  claim  entire,  as  Blijnt  made  out,  had  been  then  fully  paid, 
On  six  thousand  Guns  the  Royalty  would  then  of  course  be  made ; 
And  there’s  equity  about  it,  altho’  it  awkward  looks, 

As  the  Supervisors  docked  from  me,  I  docked  off  from  Brooks. 

Francis  C.  Cross  was  examined,  to  show 
Machinery  goods  could  never  be  low ; 

And  so  Cross-examined  did  Mr.  Cross  go. 

Here  a  laugh  was  in  Court,  at  the  bootblack,  that  jested, 

And  the  Plaintiff  got  tired,  so  sat  down  and  rested. 

Dependant’s  Rebutting  Evidence. 

Robert  C.  Hutchings — Did  recollect  well 
When  the  claim  ’gainst  the  County  was  paid, 

That  Field  ’gainst  its  passage  did  strongly  rebel, 

And  requested  more  witnesses  in  the  Gun  trade. 

He  urged  such  request  as  a  thing  that  was  fair, 

But  this  was  opposed  by  Blunt  who  was  there. 

Andrew  Blakely  then  was  sworn,  and  just  allowed  to  tell, 

“Was  Republican  —  knew  politics,  thirty  years  well.” 

But  the  rest  of  his  story,  or  what  it  was  about, 

The  J udge  he  shook  his  head,  and  then  ruled  Blakely  out ; 

Now  this  was  a  pity,  if  ever  there  was  one, 

That  Blunt  could  have  a  swear,  as  he  knew  about  a  Gun ; 


36 


But  here  was  Andrew  Blakely  was  placed  in  such  a  fix, 

They  would  not  let  him  have  a  swear,  tho’  knowing  Polly  Tix. 

George  W.  Quintard  declared  he  understood, 

And  knew  Stover’s  character,  ’twas  remarkably  good. 

Aaron  H.  Burlingame — Minister  South  Baptist  Church, 
“Know  H.  D.  Stover  since  1852, 

His  reputation  excellent,  ’twill  stand  a  thorough  search, 
And  Stover  in  my  church  holds  a  pew.” 


Cross-examined  by  Field. 

Q.  “Is  he  attendant  constant  at  your  church?” 

A.  “Well,  perhaps  he  leaves  it  somewhat  in  the  lurch.” 

Q.  “Didn’t  you  consider  him  a  hack-sliding  member?” 

A.  No  I  cannot  say  I  did,  not  that  I  remember. 

Q.  You  think  you  have  worse  in  your  congregation,  then, 

A.  “We  live  in  New  York,  and  we  deal  with  its  men.” 

’  {Laughter.) 

JLezekiah  J.  Monroe — Had  long  known  Stover, 

Could  indorse  his  character  as  good  all  over. 

George  W.  Walgrove — Knew  Stover  twelve  years, 

His  character?  Knew  it  was  good, 

He  made  clothes  for  Stover,  tho’  strange  it  appears, 

The  matter  he  wished  understood. 

While  he  with  much  pride  the  acquaintance  did  own, 

And  Stover  did  suit  to  a  T, 

He  could  not  say  with  Stover  he  was  socially  known, 

As  they  never  were  out  on  a  spree.  (Laughter.) 
Pierrepoxt — Then  I  suppose  it  is  well  understood, 

A  man  on  a  spree  is  socially  good. 

But  as  you  have  never  with  Stover  so  been, 

You  don’t  know  him  that  way?  “Yes,  that’s  what  I  mean.” 
Field  —  The  whole  thing’s  as  plain  as  the  skinning  of  rabbits, 
As  he  makes  Stover’s  clothes,  he  of  course  knows  his  habits. 

(Laughter.) 

The  Judge  said  to  Counsel,  ’twas  too  early  to  sup, 

On  the  figures  were  down  they  had  better  sum  up; 

The  evidence  all  it  were  well  to  review ; 

Which  the  Counsel,  at  once,  proceeded  to  do. 


37 


THE  SUMMING  UP. 

Pieeeepont’s  Addeess  to  the  Jtjet. 

The  fact  that  the  course  pursued  by  the  Court, 

Gave  counsel  no  reason  to  cite  a  Report, 

So  able  and  ready  and  so  even  handed, 

Admiration  sincere,  has  truly  commanded. 

And  a  Jury  unwearied,  so  prompt  in  attending, 

Deserve  for  their  zeal,  as  sincere  commending. 

I  think  you  have  seen  through  the  course  of  this  strife, 

It  is  no  pleasant  thing  to  make  foes  in  this  life. 

It  is  not  a  choice  pastime,  to  hold  up  to  view, 

The  fraudulent  acts  that  other  men  do. 

Foes  will  come  uncalled,  they  our  pathway  encumber, 

No  wise  man  will  seek  to  add  to  their  number, 

But  there  cometh  a  time  in  the  life  of  us  all, 

We  must  choose  between  shuffling  and  stern  duty’s  call, 
Between  seeking  our  ease  as  our  comforts  invite, 

Or  boldly  contending  for  Justice  and  Right. 

The  feud  that  is  here  and  does  now  culminate, 

A  political  feud,  somewhat  ancient  in  date. 

Suitors  and  Counsel,  through  you  may  search, 

They  are  all  of  the  same  Republican  church, 

All  save  myself  with  its  faith  are  imbued, 

And  here  are  involved  in  a  family  feud. 

What  right  had  Geoege  Opdtke,  thro’  motives  of  malice, 
To  bring  Thtjelow  Weed,  to  this  Judicial  Palace? 

Make  this  exhibition  before  this  community, 

And  think  he  could  do  it  with  perfect  impunity. 

Let  his  own  best  friends  answer,  let  the  whole  people  say, 
For  their  verdict  will  stamp  it,  and  never  betray. 

As  you’ve  seen  from  the  proof,  in  the  libels  as  quoted, 

Mr.  Weed  was  the  party  at  first  was  garroted, 

“Father  of  the  Lobby,”  he  was  named  and  assailed, 

As  “Corrupter  of  Morals”  he  then  was  regaled, 

“Public  Broker  in  Offices,”  and  “Burglar”  was  called, 

As  “Contriver  of  Schemes  of  Corruption”  bemauled, 

In  “  Gridiron  Railways  ”  he  was  said  to  be  steep, 

In  “the  basest  of  frauds,”  had  gone  very  deep, 

“The  coarsest  of  fellows,”  but  “Ruffian”  in  fine, 

“  A  party  to  frauds  in  the  boat  £  Cataline !  ’  ” 


38 


All  these  revilings  did  Opdyke  get  up, 

Till  Weed  became  vexed  at  the  bark  of  the  pup, 

And  with  lash  of  his  whip,  sent  him  howling  in  pain 
To  ask  from  this  Jury,  a  plaster  in  vain. 

But  here  impend  questions  affecting  our  life, 

The  Freedom  of  the  Press  is  in  this  very  strife; 

Shall  our  noble  institutions,  on  which  we  all  rely, 

Live  and  breathe  in  purity,  or  with  corruption  die  ? 

The  civil  war  that’s  raging  may  soon  have  passed  away, 

Let  not  the  Cannon  cease  to  roar  with  Liberty’s  decay, 

Let  the  Peace  that  comes  upon  us  be  a  peace  we  have  deserved, 
With  propriety  of  morals,  and  public  rights  preserved. 

The  charge  his  Honor  gives  you  will  more  importance  wield 
Than  a  Major-General’s  order  on  any  battle-field, 

And  your  verdict  will  be  stronger,  in  its  moral  force  and  right, 
Than  the  issue  of  a  battle,  the  world  in  arms  may  fight ; 

And  strong,  indeed,  the  instinct  the  people  now  reveal,  [feel, 
Tho’  the  brilliant  march  of  Sherman,  and  the  rout  of  Hood  they 
Yet  their  minds  are  not  diverted  from  the  interests  are  true, 
The  rights  are  here  impending  in  the  issues  tried  by  you. 

Then  the  tone  of  the  Orator  changed  with  his  speech, 

As  he  took  other  topics,  and  spoke  about  each. 

“The  World  newspaper,  too,  Opdyke  has  sued, 

On  the  charges  alleged  against  W eed ; 

To  this  fact  I  might  not  be  disposed  to  allude, 

But  from  Opdyke’s  inordinate  greed ; 

Fifty  thousand  from  it  he  wishes  to  net, 

So  great  is  his  thirsting  for  gain ; 

But  I  think,  on  the  whole,  the  money  he’ll  get, 

Will  build  him  a  Castle  in  Spain. 

“You  may  not  agree  with  Weed  in  his  views 
Of  our  country’s  political  ways, 

But  none  who  may  know  him  will  ever  refuse 
To  give  him  their  tribute  of  praise, 

From  the  lone  market  woman  in  traffic  that  sells, 

Or  the  workman  whose  toil  never  ends, 

To  the  rich  man  secure,  in  his  mansion  who  dwells, 

You  will  find  them  his  personal  friends ; 

There  are  few  in  this  world  have  like  Thurlow  Weed  been, 
More  earnest  in  soothing  the  grieved ; 


39 


The  grass  on  his  grave  will  ever  be  green, 

From  the  tears  of  the  hearts  he’s  relieved. 

“Weed  made  some  mention  of  bargain  and  sale 
Of  the  office  of  New  York  Surveyor; 

As  McNeill  and  Williamson  tell  us  the  tale, 

It  is  evident,  truthful  and  fair. 

’Twas  the  only  Election,  in  City  and  County, 

As  Barney  the  fact  does  reveal, 

That  ever  a  claim,  upon  Federal  bounty, 

Was  made  so  substantial  and  real; 

Just  look  at  the  story  Andrews  has  told, 

And  all  his  mistakes  about  facts, 

For  while  he  denies  he  bought  and  he  sold, 

The  truth  is  revealed  by  his  acts. 

“He  says  he  met  Opdyke,  on  Broadway,  you  know, 

And  the  date  was  July  the  second, 

And  then  he  told  Opdyke  he  had  the  best  show 
For  Surveyor,  on  which  he  then  reckoned ; 

And  yet  long  after  that,  his  chance  had  concealed, 

Lest  Opdyke  himself  got  to  know  it, 

For  it  then  would  spoil  all,  if  the  thing  was  revealed, 
And  the  President  would  not  bestow  it. 

“Now,  Brewer  relates  ’twas  the  twelfth  of  July, 

At  the  President’s  house  that  they  met, 

To  try  and  convince  him,  with  good  reasons  why, 

Mr.  Andrews  the  office  should  get ; 

But  Andrews  asserts  his  appointment  was  made 
Before  the  fifth  as  his  date ; 

Now  surely  his  mem’ry  some  false  trick  has  played, 

As  Andrews  could  never  misstate. 

“And  as  to  the  Libel,  Mariposa  at  large, 

The  Jury  will  see  we  have  made  good  the  charge; 
Opdyke,  Ketchum  and  Hoey,  in  fact  did  obtain 
Much  more  of  the  stock,  it  was  certain  and  plain, 

Than  the  libel  had  charged,  by  a  hundred  thousand  more, 
While  they  got  out  of  Fremont,  both  worried  and  sore, 
Two  and  a  half  millions,  without  paying  a  cent, 

But  merely  their  names  and  their  influence  lent ; 

I  think  this  may  be  called,  with  vengeance,  a  scalding, 
And  forcibly  shows,  a  truth  told  by  Spaulding, 


40 


If  your  hand  in  the  mouth  of  a  Lion  should  stray, 

You  had  best  get  it  out  in  the  easiest  way; 

So  Fremont,  oppressed  by  his  debts  as  they  stood, 

Got  his  hand  from  the  Lion  the  best  way  he  could. 

“  There  is  an  allusion  to  a  fee  paid  to  Field, 

And  rich  is  the  harvest,  abundant  the  yield, 

When  a  fee  to  a  lawyer,  tho’  brightest  of  scholars, 
Approaches  the  sum  of  two  hundred  thousand  dollars. 

“  The  next  charge  we  have,  and  we’ve  proven  it  true, 
That  Opdyke  made  more  than  a  Gentile  or  Jew, 

In  the  Government  Contracts  he  had  in  a  body, 

The  hundreds  of  thousands  he  made  out  of  shoddy. 
Now,  if  you’ll  bring  here,  from  the  nations  on  earth, 
Any  one  of  their  number,  whatever  his  birth, 

Who  has  made  more  than  he  on  his  contracts  at  large, 
By  sharp  thrifty  practice,  we  take  back  the  charge. 

And  Opdyke  denied,  in  his  own  published  letter, 

That  a  Contract  he  owned,  although  he  knew  better, 

So  that  every  line  was  a  falsehood  distilled, 

For  he  then  lay  with  Contracts  an  Anaconda  filled. 

“When  Opdyke  was  Mayor,  by  exertion  of  friends, 
McNeill,  Williamson,  Andreavs  and  other  God-sends, 
By  the  aid  of  the  money  he  took  from  the  Clerk, 
Destined  to  want  on  his  custom  house  work. 

He  used  his  position,  nor  used  it  in  vain, 

In  pushing  his  fortunes — to  revel  in  gain. 

While  the  poor  man  was  giving  his  country  his  sons, 
Opdyke  was  thinking  of  profits  on  Guns; 

But  of  all  of  his  schemes  he  the  least  knew  of  this, 

And  so,  at  the  outset,  the  Guns  made  a  miss. 

“  This  Contract  commencing,  breech-loading  carbines, 

Is  not  one  which  labor  a  profit  assigns, 

And  Opdyke  goes  deeper  and  deeper  in  debt, 

But  never  a  Gun  from  the  place  could  he  get. 

When  he  saw  that  this  fact  Avas  so  certain  and  stout, 

He  was  willing  to  lose  could  he  only  sell  out. 

And  thus  matters  stood  till  the  month  of  J uly, 

When  the  Fact’ry  began  some  guns  to  supply, 

But  then  came  the  Riot  and  Factory’s  burning, 

And  what  there  was  lost  is  of  ready  discerning. 


41 


“Now  this  is  as  certain  as  that  men  were  employed, 
Opdyke  should  get  back  only  what  was  destroyed. 
This  was  his  first  view,  till  he  altered  his  tones, 

When  he  heeded  the  tempter,  Mephistopheles  Jones, 
Who,  for  his  own  sake,  to  instruct  him  took  pains, 

And  Opdyke  went  in  to  make  losses  gains, 

For  Jones  gives  the  figures,  the  clearest  on  earth, 

Of  the  thousands,  exceeding  the  property’s  worth.” 

Thus  Pierrepont  went  over  the  facts  in  the  case, 

In  a  plain,  lucid  manner,  with  eloquent  grace, 
Plaintiff’s  acts  he  set  out  in  full  glaring  light, 

The  Jury  should  say  if  they  thought  they  were  right. 
If  they  thought  they  were  right,  he  only  could  say, 
That  corruption  and  wrong  had  then  won  the  day; 

If  such  acts  by  the  Press  should  not  be  revealed, 

Then  freedom  was  dead !  our  destruction  was  sealed ! 


Emott’s  Address. 

Then  Ehott  began  and  took  up  the  thread, 

Of  all  the  discourse  where  Pierrepont  had  led; 

He  was  forced  to  advert  to  the  opening  address, 

Studied  and  willful,  as  all  must  confess. 

“  He  remembered  he  had  read  of  one  at  the  bar, 

To  whom  deputation  once  came  from  afar, 

To  get  his  instruction,  as  worthy  of  note, 

Whom  they  should  support,  and  for  whom  they  should  vote. 
The  Lawyer  advised,  as  he  rolled  up  their  fees, 

To  go  to  their  closets,  and  down  on  their  knees, 

And  there  while  they  knelt  and  were  praying  with  zeal, 

The  way  they  should  vote  the  Lord  would  reveal. 

“If  we  could  have  looked  in  the  Counsel’s  own  closet, 

And  there,  by  some  magic,  ourselves  could  deposit, 

We  surely  had  seen,  it  must  be  agreed, 

A  tempter  there  squatted,  in  shape  of  one  Weed  ! 

For  that  op’ning  address  has  the  malice  and  cunning 
Into  which  Thurlow  Weed  is  so  constantly  running; 

And  while  it  referred  to  our  great  Constitution, 

It  said  here  commences  a  great  Revolution ; 

Who  were  the  Murats,  the  Dantons,  and  others, 

Who  made  up  the  list  of  the  Jacobin  brothers? 

6 


42 


“Was  Weed,  Robespieere,  in  manner  so  scurvy, 

As  to  set  matters  going  such  way  topsy-turvy  ? 

Through  mischief  destroying  the  grandest  of  charters, 

And  leaving  poor  Opdyke  the  first  of  his  martyrs. 

Of  those  grouped  together,  and  set  to  one  tune, 

In  the  Rescript  he  wrote  and  published  last  June, 
Ketchum,  Hoet,  Field,  Park  Godwin  and  Greeley, 
Were  they  strung  together  for  dishonesty,  really? 

Oh,  no,  not  at  all,  but  because  they  were  hated, 

That  heavy  with  blows,  these  men  were  berated  ! 

“  George  Opdyke’s  a  man,  that  all  must  confess, 

Has  risen  with  honor,  to  fame  and  success. 

His  enemies  charge  his  friends  he  has  spurned, 

But  that  is  a  fact  no  friend  has  discerned ! 

If  he  shines  in  one  quality  more  than  another, 

’Tis  in  sticking  like  wax,  just  as  close  as  a  brother. 

“Any  person  in  Court,  and  who  looked  at  its  dial, 

W ould  have  thought  all  the  while  it  was  Opdyke  on  trial ! 
But  the  truth  of  it  was,  it  must  be  agreed, 

The  man  upon  trial  was  one  Thurlow  Weed. 

And  tho’  it  is  charged  this  suit’s  brought  for  money, 

That  Opdyke  so  loves  it,  as  locusts  love  honey, 

What  the  Jury  bestow,  he  will  not  take  to  spend, 

But  to  some  Public  Charity  the  money  will  lend. 

“  In  order  to  make  these  libels  go  by, 

The  defendant  must  prove  them,  and  so  justify ; 

But  look  o’er  the  libels,  examine  them  all, 

Is  there  proof  to  support  them,  tho’  never  so  small  ? 

“  Opdyke  had  a  right  to  the  claim  he  had  made, 

For  the  price  of  the  guns,  as  if  finished  quite  neat, 
Deducting  the  labor,  or  sum,  in  the  trade, 

He  would  have  expended,  the  whole  to  complete. 

“The  statement,  that  Opdyke  Surveyor  had  sold, 

Supported,  on  oath,  by  McNeill, 

The  witnesses  all,  their  story  have  told, 

Would  the  Jury  believe  it  was  real  ? 

Or  would  they  believe,  unsupported  by  test, 

The  story  the  Libeler  told, 


43 


Mariposa  Stock,  which  Fremont  possessed, 

Had  been  taken  unfairly,  and  sold  ? 

For  Fremont  himself,  in  Court  told  his  tale, 

The  Stock  he  had  owned,  and  the  Stock  went  for  sale.” 

And  thus,  the  fluent  Orator  spoke  for  his  Client’s  cause, 
Appealing  to  the  Jury  to  vindicate  the  laws, 

That  character  was  precious  to  man  in  ev’ry  station ; 

And  closed  his  terse  remarks  with  a  studied  peroration. 


Ev arts’  Address  to  the  Jury. 

“With  my  friend  and  associate  and  learned  opponent, 

I  agree  you  have  been  with  the  Court  a  consonant, 

In  fidelity,  patience  and  virtues  quite  rare, 

Through  this  long  tedious  trial,  its  labor  and  care ; 

And  I  not  less  admire  the  firmness  and  learning 
Of  the  judge  who  presides  with  impartial  discerning, 

Who  has  guided  our  progress,  from  early  to  late, 

In  the  service  of  morals  and  good  of  the  State. 

“If  ev’ry  one  possessed  the  ability  to  shield 
His  client  from  the  perils  of  the  legal  battle-field, 

As  displayed  by  my  opponent  in  his  pleading  you  have  heard 
In  speciousness  of  logic  and  eloquence  of  word, 

We  never  could  proclaim  it,  a  sure  and  certain  law, 

That  “  no  one  maketh  bricks  without  the  use  of  straw.” 

“  But  the  facts  are  here  before  us,  and  simple  indeed, 

Fifty  thousand  dollars  are  asked  from  Mr.  Weed, 

And  Opdyke,  full  of  riches,  is  anxious  to  get  more, 

Because  from  inward  bruising  he  feeleth  very  sore ; 

But  then  for  fear  your  verdict  he  may  not  now  obtain 
And  you  may  check  the  promptings  of  his  avarice  and  gain, 

He  tells  you  by  his  Counsel,  in  a  weak  and  timid  voice, 

That  your  verdict,  not  the  money,  will  make  his  heart  rejoice, 

For  once  he’ll  be  magnanimous  if  ever  he  was  coy, 

And  give  it  all  to  Charity,  and  not  a  cent  enjoy. 

“  ’Tis  a  question  interesting,  appealing  to  the  senses, 

Will  he  give  the  whole  to  charity,  or  first  deduct  expenses  ? 

And  if  the  sum  awarded,  to  charity  is  given, 

Can  we  then  estimate  it  as  a  Treasure  laid  in  heaven  ? 


44 


Who  is  to  get  the  credit,  is  it  Opdyke  ?  is  it  W eed  ? 

For  it  is  not  Opdyke’s  money  with  which  he’ll  do  the  deed ; 

Or  will  the  jury  take  it,  and  place  the  full  amount, 

In  some  equal,  fair  division,  to  a  charity  account  ? 

How  sink  his  bold  endeavors,  how  dull  and  low  and  flat 
When  appealing  to  your  charity  he  thus  sends  round  the  hat  ? 

“  When  we  go  back  some  years  in  the  annals  of  our  State, 

There  was  a  man  named  Zeriger,  the  Chronicles  relate, 

Who  in  editing  a  paper  as  Monarch  sole  he  reigned, 

For  it  was  the  only  paper  the  Colony  contained; 

But  having  made  some  strictures  on  a  Governmental  fact 
He  was  to  Power  a  victim  and  imprisoned  for  the  act. 

Information  lodged  against  him  and  arraigned  before  the  Court, 

The  plea  to  jurisdiction  the  Judge  would  not  support, 

He  was  left  without  defense,  yet  in  his  hour  of  need 

There  was  one  Andrew  Hamilton  stood  forth  his  cause  to  plead, 

He  contended  that  the  libel  should  be  proved  to  be  untrue, 

But  the  Royal  Judge  presiding,  said  ‘that  quibble  will  not  do, 

For  a  maxim  ’tis  in  law,  that’s  as  true  as  is  the  Bible 
The  greater  is  the  truth  the  greater  is  the  libel.’ 

The  counsel  still  insisted,  but  the  Judge  then  ruled  it  plain 
Publication  once  admitted,  all  other  pleas  were  vain, 

And  then  he  charged  the  Jury,  the  duty  was  with  them 
The  crime  against  the  Prisoner  by  their  verdict  to  condemn, 

‘You  must  And  the  Pris’ner  guilty,  your  verdict  I’ll  record,’ 

And  then  out  spoke  the  Jury:  ‘He’s  Hot  Guilty,  my  Lord.’ 

Their  verdict  then  was  greeted  with  the  people’s  wild  applause, 
And  cheers  rang  through  the  Court  House  for  their  triumphant  cause. 

“  To  Hamilton  was  voted  as  defender  of  the  right, 

The  freedom  of  the  city,  and  a  Purse  that  was  not  light, 

Ho  Opdyke  there  to  veto  —  what  the  People  did  award, 

On  the  ground  of  the  expenses,  or  what  he  could  afford, 

For  in  the  case  I’ve  cited,  the  Inscription  is  retained, 

‘  Was  honor  not  by  money,  but  by  public  virtue  gained.’ 

Ho  official  Lamp  of  Opdyke,  that  motto  could  parade, 

For  Opdyke  for  his  office,  had  Twenty  Thousand  paid.’ 

“  How  as  to  General  Fremont,  and  the  Mariposa  Stock, 

The  libel’s  imputation,  is  as  firm  as  any  rock, 

As  Fremont’s  shares  were  going  and  growing  very  small, 

He  had  reason  to  be  thankful,  they  did  not  take  them  all ! 


45 


The  Millions  shares  for  nothing,  and  the  fee  that  Field  receives, 
Fremont,  indeed,  may  Heaven  thank  he  did  not  fall  among  thieves 
But  they  did  not  take,  say  Counsel,  more  than  was  required, 

Oh  no,  indeed,  you  may  he  sure,  no  more  than  they  desired, 

And  in  this  sense  of  question,  does  the  General’s  answer  come, 

‘  Is  any  sheep,  the  less  fleeced,  because  he  may  be  dumb.’  ” 

Here  let  us  leave  the  Speaker,  in  his  great  and  matchless  art, 
The  burning  fire  of  eloquence  to  truth  he  did  impart, 

For  his  speech  before  that  Jury,  will  sure  outlive  the  day, 

When  the  living  men  who  heard  it,  will  long  have  passed  away. 


Field’s  Summing  Up. 

When  Field  addressed  the  Jury,  altho’  it  may  seem  funny, 
The  air  he  spoke  his  words  unto,  was  “  cruelty  to  Johnny.” 

“  Oh !  cruel  is  that  Thurlow  Weed,  who  made  this  great  display, 
Who’s  kept  you  here  about  a  month,  without  a  cent  of  pay, 

And  cruel  are  the  witnesses,  and  cruel  are  the  laws, 

And  cruel  are  you  Jurymen  —  unless  we  win  our  cause. 

[Bootblack :  “  Give  him  the  chorus,  Billy  !”] 

Chords  —  Doodleum,  doodleum,  di  do,  &c. 

“  I  may  not  speak  with  eloquence,  or  pitch  it  very  strong, 

But  if  I  do  not  make  it  short,  I  think  it  will  be  long, 

In  going  over  evidence,  and  closing  every  part, 

And  bearing  up  against  the  tide  by  force  of  legal  art ! 

[Bootblack :  “  Give  it  again,  Billy  !”] 

Chords  —  Doodleum,  doodleum,  di  do,  &c.,  &c. 

“As  to  all  the  statements  the  libels  have  contained, 

You  see  how  well  the  witnesses,  the  facts  have  all  explained, 

The  guns  destroyed  and  property,  machinery  and  all, 

Were  really  charged  at  such  a  price,  the  Jury  right  would  call. 
[Bootblack :  “  A  wopping  chorus,  Billy !”] 

Chords  —  Doodleum,  doodleum  di  do,  &c. 

“  Then  the  allegation  Opdyke  to  be  Mayor, 

Had  bargained  off  with  Andrews,  making  him  Surveyor, 

There’s  nothing  in  the  evidence,  the  Jury  would  receive, 

For  no  one  in  the  Jury  box,  the  story  would  believe. 

[Bootblack :  “Now  go  it,  Billy !”] 

Chords  —  Doodleum,  doodleum  di  do,  &c. 


46 


“’Twas  strange,  the  many  stories,  were_readily  discerned, 

As  McNeill  revealed  the  bargain,  and  Williamson  confirmed 
The  talks  about  the  oysters,  champagne  and  drinks  were  strong, 
And  if  the  Jury  swallowed  them,  they  really  would  do  wrong. 
[Bootblack:  “Draw  it  mild,  Billy!”] 

Chorus  —  Doodleum,  doodleum  di  do,  &c. 

“  As  to  Mariposa  —  the  thing  was  all  a  cram, 

The  Stock  they  took  was  water’d,  and  was’nt  worth  a  —  cent. 

If  Opdyke  from  Fremont  took  many  shares  away, 

’Twas  only  to  oblige  him,  that  what  was  left  would  pay. 

[Bootblack  :  “Pitch  in,  Billy  !”] 

Chorus  —  Doodleum,  doodleum  di  do,  &c. 

’Tis  strange  how  people  speak  about  what  they  should  leave  alone, 
My  having  got  two  thousand  shares  of  course  I  don’t  disown, 

One  Counsel  could  not  earn  it,  if  he  lived  a  hundred  years, 

And  the  other  would  not  take  it,  if  you  asked  him  to,  with  tears. 
[Bootblack:  “Go  it  now,  Billy!”] 

Chorus  —  Doodleum,  doodleum,  di  do,  &c. 

As  to  Army  Contracts,  the  thing  is  very  plain, 

Shall  the  man  who  is  our  Mayor  have  no  chance  to  gain, 

Must  we  leave  to  sharpers  our  army  cloth  and  beeves, 

And  all  our  gallant  soldiers  be  fed  and  clothed  by  thieves? 
[Bootblack:  “Give  it  strong,  Billy!”] 

Chorus  —  Doodleum,  doodleum,  di  do,  &c. 

“ £  Thou  shalt  not  bear  false  witness,  moreover  shalt  not  steal,’ 
Those  are  the  two  commandments  affect  the  common  weal ; 

Let  your  verdict  be  for  Opdyke,  be  it  great  or  small, 

And  if  you  do  not  give  it,  may  the  devil  take  you  all ! 

[Bootblack :  “  Give  it  with  all  the  variations,  Billy !”] 
Chorus  —  Doodleum,  doodleum,  di  do,  &c. 


THE  JUDGE’S  CHARGE. 

“Gentlemen  of  the  Jury:  certain  duties  now 
Devolve  on  me,  to  which  you  all  must  bow, 
And  other  duties,  keeping  balance  true, 

Are  now  evoked,  which  all  belong  to  you, 
And  ev’ry  suitor,  Plaintiff  or  Defendant, 
Will  find  those  duties  entirely  independent. 


47 


“The  Truth,  in  Libel,  does  now  admitted  stand, 

A  good  defense,  in  Courts,  throughout  the  land ; 
In  civil  actions,  when  the  Truth  is  known, 

It  gives  acquittal,  by  that  fact  alone  ; 

But  in  Indictments  of  a  criminal  kind, 

Another  rule  does  Publication  bind, 

Not  truth  alone  against  the  charge  defends, 

But  Publication,  for  some  proper  ends. 

“There  may  be  cases — we  find  them  in  the  books, 
A  man  is  libeled  for  his  awkward  looks, 

Has  some  infirmity,  perhaps  he  squints  ; 

Some  one  that’s  reckless  puts  it  in  the  prints. 

If  proved,  the  Squint,  the  Civil  Court,  you  see, 
Will  let  defendant,  for  his  act,  go  free ; 

The  Criminal  Court,  another  Judgment  rends, 

It  seeks  for  Truth,  with  justifiable  ends ; 

In  vain  the  Truth,  unless  beyond  a  doubt, 

Some  worthy  motive  moved  to  point  it  out. 

“Now,  to  this  point  we  have  arrived  at  last, 
Where  you  and  I  have  different  duties  cast, 

But  still  together,  so  unite  and  blend, 

Where  mine  begin,  or  where  your  duties  end, 
’Tis  not  so  clear  that  one  can  truly  say, 

The  thing  is  simple,  and  as  plain  as  day. 

“  If  I  in  England  were  presiding  there, 

I’d  tell  you  simply,  and  it  would  be  fair, 

You  were  the  Judges  of  the  law  and  fact, 

But  here  with  us,  it  is  not  so,  we  act ; 

You  now  must  watch  me,  for  I  tell  you  true, 

I  may  be  taking  what  belongs  to  you. 

My  right  and  duty,  as  I  comprehend, 

Will  here  permit  that  I  may  verdict  rend ; 

Altho’  the  maxim  is  a  wise  see-saw, 

To  Jurors,  fact  —  to  Judges,  is  the  law  ; 

Yet  there  is  exception  to  this  rule  again, 

When  e’er  the  Libel  is  a  thing  that’s  plain ; 

The  Judge  may  then  the  matter  take  in  hand, 
And  from  the  J ury  his  verdict  then  command ; 
But  if  a  doubt  the  matter  should  becloud, 

That  you  may  clear  it  is  a  thing  allowed, 

For  things  obscure  the  Court  will  never  budge, 
Of  things  unknown,  the  Jury’s  fit  to  judge. 


48 


“And  tlie  next  point,  which  I  must  now  examine, 

Is  where  there’s  mention  made  of  Oily  Gammon, 

’Tis  in  that  passage,  so  pointed  and  so  brief, 

About  Oily  Gammon  ever  coming  to  grief ; 

Now,  Oily  Gammon  is  a  proper  name, 

It  means  a  person,  hut  it  may  defame ; 

If  so,  of  course,  the  name  becomes  improper , 

And,  as  a  Libel,  I  think  it  is  a  whopper. 

‘“Ten  Thousand  a  Tear,’  a  book  that  Warren  wrote, 
First  tells  of  Gammon,  as  a  man  of  note ; 

One  of  the  firm  of  ‘  Quirk,  Gammon  and  Snap,’ 

With  cold  gray  eyes  —  an  extraordinary  chap  — 

Who  once  in  a  graveyard,  did  at  night  discover 
A  certain  Inscription,  he  there  tumbled  over, 

Which  he  took  up  and  read,  and  made  it  so  clear, 
That  he  got  ‘Mr.  Titmouse  Ten  Thousand  a  Year.’ 

“So,  Jury,  just  mind  what  you  are  about, 

If  you  think  Weed  is  wrong,  you’ll  so  speak  it  out; 
If  you  think  Weed  is  right  —  well,  then  —  let  me  see, 
I  think,  on  the  whole,  you  had  best  disagree.” 

When  the  Jury  retired,  it  happened  that  they 
Believed  on  the  merits  with  Weed, 

And,  when  asked  by  the  Court,  on  the  following  day, 
They  said  that  “  they  had  not  agreed.” 

For  led  by  the  Judge,  on  a  technical  point, 

Some,  six  cents  were  willing  to  find, 

But  the  others  declared  the  thing  out  of  joint, 

And  would  give  not  a  cent  of  the  kind. 

The  Judge  said  he  saw  the  thing  might  be  so, 

And,  smiling,  declared  that  the  Jurors  might  go 

Thus  ended  the  Farce,  to  the  People’s  content, 

Not  labor,  nor  time,  nor  money  misspent ; 

In  the  truth  of  the  lesson,  or  moral  we  draw, 

From  this  seeking  redress  by  the  process  of  law ; 

For  here,  in  this  action,  did  Opdyke  suppose 
The  Jury  would  give  him  a  balm  for  his  woes — 

The  blows  and  the  bruises  —  not  grievances  light  — 

He  got  in  a  wrangle — the  worst  of  a  fight. 

Far  better  our  ills  and  our  injuries  nurse, 

Than  make  by  exposure  the  remedy  worse. 

Truth  speaks  thus  to  men,  in  loudest  of  tones, 

“Who  live  in  glass  houses  should  never  throw  stones.” 


OPINIONS  OP  THE  PRESS. 


The  following  opinions,  from  a  few  prominent  journals,  are  deemed 
a  fitting  appendix  to  the  foregoing  report  of  the  trial. 


[From  the  Portchester  Monitor.] 

THE  OPDYKE-WEED  LIBEL  SUIT. 

This  celebrated  cause  has  finally  terminated.  It  was  brought  to 
a  conclusion  on  Wednesday  morning  last,  at  about  half-past  ten 
o’clock,  the  jury  failing  to  agree.  It  is  understood  that  seven  were 
in  favor  of  finding  six  cents  damages  for  the  plaintiff,  while  the  other 
five  were  in  favor  of  a  larger  amount.  This  result  must  be  regarded 
as  a  verdict  substantially  for  the  defendant.  The  action  was 
brought  to  recover  fifty  thousand  dollars  for  an  alleged  libel  upon 
the  plaintiff,  in  publishing  certain  letters  in  the  Albany  Evening 
Journal ,  signed  “T.  W.,”  and  written  by  Thurlow  Weed,  in  which 
the  plaintiff  was  charged  with  selling  his  political  influence  for  the 
sum  of  ten  thousand  dollars;  with  having  made  out  an  improper 
claim  against  the  county  of  New  York  for  losses  sustained  in  the 
destruction  of  plaintiff’s  gun  factory,  daring  the  riots  in  July,  1863; 

.  and,  in  connection  with  this  claim,  asserting  that  the  plaintiff,  while 
Mayor  of  New  York,  was  ex  officio  a  member  of  the  Board  of  Super¬ 
visors,  and,  as  such,  influenced  the  committee  in  auditing  his  claim 
for  a  much  larger  amount  than  was  actually  due ;  and  also  with 
having,  in  connection  with  others,  taken  advantage  of  the  financial 
embarrassment  of  General  John  C.  Fremont,  while  that  gentleman 
was  a  candidate  for  the  Presidency,  and  improperly  obtaining  an 
undue  proportion  of  General  Fremont’s  property.  These  were  the 
principal  charges  contained  in  the  letters  upon  which  the  action  was 
founded.  The  defendant  admitted  the  publication  of  the  letters, 
and  averred  that  the  charges  were  substantially  true  —  and  that  he 
was  justified  in  making  the  publication.  This  was  the  issue  pre- 
1 


50 


sented  to  the  jury.  The  case  was  tried  before  Judge  Mason,  and 
was  conducted,  on  the  part  of  Mr.  Opdyke,  by  ex-Judge  Emott  and 
David  Dudley  Field;  and  on  the  part  of  Mr.  Weed,  by  ex-Judge 
Pierrepont  and  William  M.  Evarts.  The  taking  of  the  testimony 
occupied  about  fifteen  days,  and  the  summing  up  of  the  respective 
counsel,  and  the  charge  of  the  Judge,  occupied  about  four  days 
more.  The  case  was  given  to  the  jury  on  last  Tuesday  afternoon. 
They  remained  out  all  night,  and  the  next  morning  were  brought 
into  court,  when  they  announced  that  there  was  no  possibility  of 
their  being  able  to  agree  —  and  immediately  thereafter  they  were 
discharged. 

Thus  has  terminated,  for  the  present  at  least,  one  of  the  most 
remarkable  libel  suits  ever  tried  in  this  country.  The  parties  were 
well  known  members  of  the  Republican  party,  one  of  them  (the 
plaintiff)  having  been  Mayor  of  the  city  of  New  York,  and  also  a 
prominent  merchant  in  that  city,  who  had  accumulated,  in  a  few 
years,  a  splendid  fortune.  The  other  (the  defendant)  was  for  many 
years  the  editor  of  the  Albany  Evening  Journal  (one  of  the  most 
influential  political  papers  in  the  United  States),  and  also  a  dis¬ 
tinguished  leader  in  the  Republican  ranks,  whose  influence  as  a 
politician  was  greater  than  that  of  any  other  man  in  the  Union. 
His  political  power  was  almost  absolute.  He  commenced  his  public 
career  as  Member  of  Assembly  in  1825,  representing  in  part  the 
county  of  Monroe,  in  the  48th  session,  which  began  on  the  4th  of 
January,  and  ended  the  21st  of  April  of  that  year.  He  was  re¬ 
elected  as  a  Member  of  Assembly  from  the  same  county  in  1829, 
and  took  his  seat  for  the  second  time  on  the  5th  of  January,  1830, 
with  the  commencement  of  the  53d  session.  The  Legislature 
adjourned  on  the  20th  day  of  April,  1830,  since  which  time  Mr. 
Weed  has  held  no  public  office,  having  declined  many  positions  of 
distinction  and  emolument,  which  on  various  occasions  were  ten¬ 
dered  to  him  by  his  political  friends  and  admirers.  He  preferred  his 
position  as  editor  of  the  leading  journal  in  the  State  to  all  others, 
and  for  more  than  a  quarter  of  a  century  he  wielded  the  power  of 
an  autocrat  in  the  political  organizations  with  which  he  was  identi- , 
fled.  Such  was  the  position  of  Mr.  Weed  when  Mr.  Opdyke  under¬ 
took  to  overthrow  and  destroy  him.  In  the  language  of  ex- Judge 
Pierrepont,  quoted  by  us  last  week,  Mr.  Weed  “was  assailed  as  the 
father  of  the  lobby,  as  a  corrupter  of  the  public  morals,  as  a  broker 
in  public  offices,  as  fraudulently  engaged  in  gridiron  railroads,  as  a 
contriver  of  various  corrupt  schemes  of  corrupt,  legislation,  as  a 
coarse  fellow  and  a  burglar,  as  engaged  in  frauds  connected  with  the 
charter  of  the  steamer  Cataline,”  etc.  These  and  other  slanders 


51 


were  uttered  through  the  press,  it  was  said,  by  Mr.  Opdyke  —  his 
object  being  to  break  down  the  Richelieu  of  the  Republican  party. 
But  the  attempt  proved  futile,  for  “  old  Thurlow  turned  upon  his 
assailant,  and  with  one  crack  of  his  sharp  whip  he  sent  Opdyke 
yelping  under  the  bench  of  the  Supreme  Court,  quivering  and  whin¬ 
ing  for  greenbacks  to  plaster  over  the  smarting  agony  of  the 
wound.”  In  other  words,  he  roused  up  the  Lion,  who,  with  fire  in 
his  eye,  pounced  upon  his  aggressor  and  literally  devoured  him. 
The  action  which  has  just  been  tried  has  demonstrated  the  extra¬ 
ordinary  ability  of  Mr.  Weed.  He  wrote  a  scathing  reply  to  the 
attacks  which  were  made  upon  him,  and  then  opened  his  batteries 
upon  the  foe.  He  was  equal  to  the  conflict,  for  in  all  his  charges 
against  Mr.  Opdyke  he  seems  to  have  fortified  himself  with  proof, 
and  then  dared  his  adversary  to  the  test.  During  the  whole  of  this 
protracted  trial,  Mr.  Weed  sat  in  Court,  unmoved,  with  dignified 
port,  conscious  of  his  great  resources,  defiantly  and  proudly  await¬ 
ing  the  exposition  of  his  complete  justification.  Slowly,  but  surely, 
day  after  day,  as  the  evidence  on  the  part  of  the  defendant  was 
revealed  by  the  witnesses,  it  was  apparent  that  the  plaintiff  was 
over-matched.  He  was  unable  to  withstand  the  raking  fire  of  his 
antagonist,  and  twelve  of  his  fellow  citizens,  under  their  oaths,  were 
unable  to  tell  how  much  Mr.  Opdyke’s  character  had  been  injured 
by  the  alleged  letters  of  the  defendant.  As  we  before  stated,  the 
disagreement  of  the  jury  is  equivalent,  in  a  moral  point  of  view,  to 
a  verdict  for  the  defendant,  for  in  the  eyes  of  the  public  Mr.  Weed 
has  been  justified  in  most  of  the  statements  made  by  him  concern¬ 
ing  the  public  conduct  of  the  plaintiff.  We  shall  probably  hear 
nothing  more  of  this  suit.  There  will  be  no  second  trial.  Public 
opinion  has  settled  the  whole  matter,  and  henceforth  it  will  be  well 
enough  for  some  of  our  public  officials  to  remember  the  old  adage 
that  “those  who  live  in  glass  houses  must  never  throw  stones.” 

Mr.  Opdyke,  we  presume,  is  pretty  well  satisfied  that  in  a  com¬ 
munity  like  that  of  the  city  of  New  York,  notwithstanding  the 
general  corruption  existing  among  many  of  the  public  officers, 
neither  wealth  nor  political  standing,  nor  the  influence  of  a  national 
administration,  can  screen  the  guilty,  or  save  the  public  plunderer 
from  the  just  verdict  of  an  honest  and  righteous  jury. 


[From  the  New  York  Sun.] 

THE  OPDYKE-WEED  TRIAL. 


For  nearly  a  month,  the  public  and  politicians  have  greedily 
perused  the  evidence  brought  before  the  court,  in  the  trial  of  a 


52 


cause  which  is  destined  to  he  quoted  as  one  of  the  most  remarkable 
ever  argued  before  a  judicial  tribunal.  Although  the  plaintiff, 
Opdyke,  brought  a  suit  for  libel,  claiming  fifty  thousand  dollars 
damages  from  the  defendant  Weed,  the  moment  the  suit  is  opened 
in  court  their  respective  positions  appear  to  be  reversed.  Opdyke 
is  so  cleverly  converted  into  a  defendant  that  hundreds  of  unthink¬ 
ing  people,  who  knew  that  this  trial  was  progressing,  imagined  that 
the  ex-Mayor  was  being  tried  for  obtaining  money  under  false  pre¬ 
tenses,  or  some  other  equally  grave  misdemeanor.  The  chief  interest 
in  the  case  was  doubtless  due  to  the  fact  that  the  suit  was  brought 
by  a  so-called  leader  of  one  Republican  faction,  against  the  power¬ 
ful  chief  of  another  Republican  organization.  As  the  former  was 
determined  to  wash  his  dirty  linen  in  full  view  of  the  public,  the 
usual  number  of  idlers  gathered  to  witness  the  operation.  When 
the  soiled  garments  were,  one  after  another,  placed  in  the  cleansing 
machine,  those  employed  to  count  the  pieces  took  pains  to  show 
every  dirty  stain  before  finally  turning  on  the  hot  water  of  legal 
acumen  and  forensic  eloquence.  As  the  trial  progressed  it  became 
evident  that  all  the  soft  soap  likely  to  be  used  would  be  insufficient 
to  erase  some  of  the  dirt  that  had  accumulated  upon  the  linen  which 
our  Ex-Mayor  was  having  washed  in  presence  of  the  public.  The 
defendant,  who  had  tried  the  effects  of  “  bleaching  powders”  before, 
evidently  knew  that  his  opponent  could  not  accomplish  his  purpose 
without  using  a  more  powerful  detergent  than  any  hitherto  known 
to  our  courts  of  justice.  Accordingly,  Mr.  Weed,  through  his 
counsel,  simply  watched  the  operation,  from  time  to  time  stirring 
up  by  “  cross-examinations”  the  impurities  forced  out  of  the  soiled 
linen,  during  the  process  of  removing  from  it  the  dirt  Mr.  Weed 
had  intimated  -was  to  be  found  thereon. 

Those  who  have  watched  these  proceedings  will  never  forget  the 
appearance  of  the  two  prominent  parties,  as  the  trial  progressed. 
“  Lord  Thurlow,”  calm,  smiling,  genial,  the  perfect  picture  of  uncon¬ 
cerned  benevolence,  sitting  beside  his  counsel,  aiding  them  by  an 
occasional  suggestion,  whenever  a  little  more  hot  water  was  wanted, 
or  some  evidence  given  that  required  stirring  up  in  the  cauldron. 
He  appeared  like  a  self-possessed  general  following  up  the  retreating 
movements  of  the  enemy,  who  doubled  and  twisted,  and  turned  in 
the  vain  attempt  to  elude  his  pursuer.  On  the  other  side,  Mr. 
Opdyke  (whose  countenance  revealed  nothing  higher  than  the 
expression  which  laid  the  foundation  of  Edmund  Kean’s  fame  in 
one  of  his  celebrated  characters)  sat  nervous,  subdued,  and  ill  at 
ease,  near  his  counsel,  one  of  whom  sought  to  serve  the  interests 
of  his  client  by  proceedings  that  simply  excited  indignation.  If  a 


53 


physiognomist  had  been  called  upon  to  decide  their  respective  posi¬ 
tions  by  looking  in  the  faces  of  the  two  most  prominent  men 
concerned  in  this  trial,  no  doubt  he  would  have  designated  Mr. 
Opdyke  as  the  defendant,  and  Thurlow  Weed  as  the  plaintiff,  in 
the  action  that  terminated  yesterday,  by  the  disagreement  of  the 
j  U1T- 

The  evidence,  as  disclosed,  almost  conclusively  sustains  this  view 
of  the  case,  and  if  Mr.  Opdyke  has  gained  any  laurels  few  persons 
will  be  able  to  see  them  after  reading  attentively  the  evidence  that 
transpired  upon  the  trial.  The  libel  which  Mr.  Weed  was  charged 
with  publishing  amounted  to  a  general  statement  that  the  ex-Mayor 
used  his  position  to  increase  his  individual  fortune  and  amass  wealth 
by  sacrificing  public  interests  to  further  his  own  personal,  political, 
or  business  affairs.  During  the  trial  it  was  shown  that  Mr.  Opdyke 
had  made  $172,000  out  of  contracts  for  army  clothing,  the  bulk 
of  which  was  doubtless  manufactured  at  low  prices  by  the  poor 
sewing  women,  who  have  recently  appealed  to  the  public  against 
the  rich  contractors,  who  realize  enormous  fortunes  and  refuse  to 
pay  living  wages  to  those  whom  they  employ.  It  also  appears  that 
Mr.  Opdyke  owned  a  very  large  interest  in  a  gun  factory  (burnt 
down  by  the  July  rioters),  for  which  the  city  paid  nearly  two  hun¬ 
dred  thousand  dollars;  a  sum,  some  of  the  witnesses  considered, 
much  greater  than  the  value  of  the  buildings  and  materials  de¬ 
stroyed.  Mr.  Weed  in  his  letters,  stated  that  Opdyke  received  ten 
thousand  dollars  for  inducing  the  President  to  appoint  Rufus  F. 
Andrews  surveyor  of  the  port.  This  allegation  was  not  sustained. 
It  was  shown,  however,  that  six  thousand  five  hundred  and  eighty 
dollars  Avas  collected  by  assessments  on  clerks  in  the  Custom  House, 
and  paid  over  to  individuals  who  had  charge  of  the  funds  expended 
for  the  election  of  Mayor  Opdyke.  The  ex-Mayor  was  also  charged 
with  defrauding  General  Fremont  out  of  a  very  large  share  of  his 
Mariposa  estate,  but  the  trial  does  not  clearly  establish  the  fact  that 
the  Pathfinder  Avas  cheated  out  of  more  than  tAVO-thirds  of  his 
interest  in  this  valuable  California  real  estate.  The  jury  were 
evidently  puzzled  to  determine  who  got  the  best  of  General  Fremont, 
so  many  parties  figured  in  the  transaction,  one  of  Mr.  Opdyke’s 
laAvyers  being  spoken  of  as  having  received  a  counsel  fee  equivalent 
to  tAvo  hundred  thousand  dollars.  In  “  agreeing  to  disagree  ”  the 
jury  were  doubtless  convinced  that  where  so  much  iniquity  was 
shown,  it  Avas  unnecessary  to  make  any  positive  declaration  con¬ 
cerning  either  party.  If  some  of  the  jurymen  Avere  in  favor  of 
giving  Mr.  Opdyke  six  cents  damages,  while  others  were  prepared 
to  award  him  something  more,  the  public  will  no  doubt  accept  this 


54 


result,  as  the  most  appropriate  ending  of  a  famous  trial.  The  liber¬ 
ties  of  the  press  having  been  preserved,  and,  at  the  same  time,  the 
private  character  of  an  individual  having  been  protected,  it  is  to  be 
presumed  that  the  community,  and  the  litigants,  will  be  satisfied 
with  such  a  termination  of  an  exciting  judicial  investigation. 


[From  the  Rochester  Democrat.] 

THE  WEED-OPDYEE  CASE. 

A  correspondent  at  New  York  sends  us  some  remarks  on  the 
Weed-Opdyke  case,  recently  tried  in  that  city,  which  we  print  as 
the  sincere  criticism  of  an  intelligent  and  tolerably  impartial  lawyer 
in  the  case,  without  entirely  agreeing  with  our  correspondent’s  view 
of  it. 

New  York,  January  16,  1865. 

The  latest  excitement  in  this  sensational  city  has  been  the  Opdyke 
trial.  Four  weeks  is  a  long  time  in  the  life  of  a  New  Yorker  in 
such  times  as  these ;  yet  during  all  this  jieriod  the  court  room  was 
thronged,  and  the  riders  in  omnibusses  and  horse-cars  asked  each 
other  daily  what  they  thought  of  the  evidence.  The  public  seemed 
to  regard  the  case  as  a  trial  of  Mr.  Opdyke,  and  one  gentleman  was 
heard  to  inquire  of  another  whether  he  thought  he  would  be  found 
guilty. 

It  must  be  conceded  that  the  -weight  of  legal  ability  was  on  the 
side  of  Mr.  Weed.  Mr.  Pierrepont  is  bold,  vigorous  and  thorough, 
and  his  opening  address  to  the  jury  woke  up  the  public  like  the 
sound  of  a  trumpet.  Mr.  Evarts  argued  the  points  of  evidence 
which  arose  in  the  best  professional  style,  and  closed  to  the  jury  in 
an  address  which,  for  clear  cutting  logic  and  lucid  demonstration, 
could  not  be  surpassed.  Against  this  combination  Mr.  Field  and 
Judge  Emott  sustained  an  unequal  contest.  They  were  on  the 
unpopular  side.  Their  client  presented  anything  but  a  handsome 
appearance  as  the  evidence  proceeded.  Mr.  Field  was  himself  con¬ 
cerned  in  one  of  the  transactions  investigated  by  the  jury,  and 
Judge  Emott,  whose  pure  character  and  high  ability  give  him 
deserved  weight,  seemed  struggling  against  adverse  influences.  The 
result  was  a  real  triumph  for  Mr.  Weed. 

The  transactions  which  gave  rise  to  the  suit  throw  valuable  light 
upon  the  ways  of  our  politicians.  Mr.  Opdyke  has  always  been  put 
forward  by  that  class  of  persons  who  make  the  strongest  demand 
for  purity  of  administration.  Whatever  may  have  been  his  repute 
among  the  wire-pullers,  the  public  had  the  idea  that  he  disdained 


55 


the  arts  which  disgrace  so  many  of  our  public  men.  This  exposure 
is  a  blow  to  those  who  have  aimed  at  reform. 

The  most  damao-inn  fact  which  came  out  on  the  trial  was  excluded 

O  O 

by  the  court.  Mr.  Weed  had  charged  that  Mr.  Opdyke  had  “made 
more  money  by  secret  partnerships  in  army  cloths,  blankets,  clothing 
and  gun  contracts,  than  any  fifty  sharpers,  Jew  or  Gentile,  in  the 
city  of  New  York.”  To  this  Mr.  Opdyke  replied  in  a  letter  to 
Senator  Harris,  which  was  published,  as  follows:  “Equally  ground¬ 
less  is  the  charge  against  me  of  being  gorged  with  Government  con¬ 
tracts.  *  *  *  You  will  be  astonished  at  the  mendacity  of  the 

charge  when  I  inform  you  that  these  contracts  with  the  offices  of  my 
son  exist  only  in  Mr.  Weed’s  imagination.  I  have  no  Government 
contracts,  nor  have  any  business  with  the  Government,  direct  or 
indirect.”  Upon  the  trial  it  was  proved,  that  while  at  the  time  the 
letter  was  written  Mr.  Opdyke’s  statement  was  true,  yet  he  had 
been  engaged  in  filling  Government  contracts  to  a  large  amount. 
Neither  Mr.  Field  nor  Mr.  Emott  attempted  to  deny  this  fact,  which 
makes  the  letter  to  Harris,  if  not  a  suppressio  veri ,  at  least  a  sug- 
gestio  falsi. 

Another  unpleasant  revelation  was  that  Mr.  Opdyke  was  in  part 
reimbursed  for  his  election  expenses  by  contributions  wrung  from 
the  scantily-paid  Custom  House  officers.  It  was  charged  by  Mr. 
Weed  that  this  had  been  agreed  between  Mr.  Opdyke  and  Mr. 

*  Andrews,  as  the  condition  of  the  support  by  the  former  of  the  latter 
for  the  very  lucrative  place  of  Surveyor  of  New  York.  Unless  Mr. 
McNeil,  a  member  of  the  New  York  Legislature,  and  Mr.  William¬ 
son,  a  leading  supporter  of  the  Administration  here,  were  guilty  of 
wholesale  fabrication  of  testimony,  this  is  true.  But  if  it  is  true, 
Mr.  Opdyke  committed  perjury,  for  he  denied  the  agreement  in 
positive  terms.  Either  theory  meets  the  moral  of  the  transaction, 
which  is,  the  disgraceful  character  of  conspicuous  public  men. 

The  truth  is,  that  the  leaders  of  both  political  parties  here  are 
unworthy  of  public  confidence.  No  one  can  rise  from  the  perusal 
of  this  case  without  the  conviction  that  politics,  as  at  present  con¬ 
ducted,  are,  at  least  here,  a  dishonest  pursuit,  and  that  the  struggle 
is  not  for  principle,  but  for  the  chance  of  plunder. 

This  trial  afforded  some  pleasant  illustrations  of  the  manners  of 
the  New  York  bar.  Mr.  Evarts  charged  that  Mr.  Field  had  extorted 
from  Gen.  Fremont  a  fee  of  2,000  shares  of  Mariposa.  Mr.  Field 
blandly  retorted  upon  his  opponent  as  follows : 

“My  friend  Pierrepont  need  not  waste  his  thoughts  upon  it,  for 
nobody  will  ever  make  him  such  an  offer,  aud  he  would  not  earn  so 
much  were  he  to  live  a  hundi’ed  years.  My  friend  Evarts  would  not 


56 


accept  such  an  offer  if  it  were  made.  He  would  not  take  a  large  fee, 
not  he !  His  honest  soul  relucts  at  it  as  it  relucts  at  one  man  help¬ 
ing  another  to  an  office  upon  any  understanding,  express  or  implied, 
that  his  friend  will  remember  him.  Xow  I  propose  this  compromise 
with  him:  If  he  will  make  oath  that  when  he  went  to  Washington 
to  procure  the  appointment  of  his  friend  to  a  certain  lucrative  office 
in  this  city,  there  was  no  understanding  that  he  should  receive  the 
counsel  fees  which  the  office  could  bestow,  I  will  promise  not  to 
cross-examine  him.”  In  this  pleasant  way  the  case  was  tried,  to  the 
amusement  of  the  bystanders,  but  to  the  scandal  of  judicial  pro¬ 
ceedings. 

Two  persons  won  great  credit  in  this  case.  Gen.  Fremont,  who 
was  a  "witness,  bore  himself  like  a  man  under  very  trying  circum¬ 
stances;  and  Judge  Mason  deserves  the  thanks  of  the  bar  for  the 
ability  and  dignity  with  which  he  conducted  the  trial.  Had  some 
of  our  judges  been  on  the  bench,  the  scandal  would  have  been 
greater  and  the  result  less  satisfactory. 

CEXSOR. 


[From  the  Utica  Morning  Herald.] 

LIBEL  SUITS. 

The  termination  of  the  libel  suit  of  Opdyke  vs.  Weed,  adds  , 
another  illustration  to  the  many  on  record,  of  the  indisposition  of 
courts  and  juries  to  punish  severity  of  speech  concerning  public  men. 

In  this  case,  as  in  many  others,  the  jury  failed  to  agree.  Whether, 
as  some  state,  nine  of  the  jurors  favored  exemplary  damages,  or 
whether,  as  others  aver,  seven  of  them  would  assent  only  to  a 
nominal  award,  the  case  confirms  what  has  grown  to  be  a  rule,  that 
libel  suits  bear  no  fruit  for  the  plaintiff.  In  this  instance  the  alleged 
libel  was  perpetrated  gratuitously,  by  a  volunteer  who  sought  news¬ 
paper  columns  for  the  express  purpose;  and  the  counsel  urged  this 
as  an  aggravation  of  the  offense,  and  argued  that  no  such  immunity 
should  be  accorded  to  him  as  would  be  due  to  an  editor  in  the  regu¬ 
lar  discussion  of  men  and  affairs  in  the  course  of  his  duty.  Of  por¬ 
tions  of  the  'published  allegations  the  defendant  made  no  justifica¬ 
tion  or  explanation;  other  points  he  sought  to  establish  and  enforce. 
The  case  was  sharply  contested  on  both  sides,  with  all  the  arts  of 
rhetoric  and  law.  The  prominence  of  the  parties,  the  eminence  of 
some  of  the  witnesses,  and  the  ability  of  the  counsel,  will  place  it 
among  the  causes  celebres.  It  may  again  be  tried,  for  the  parties 
have  means  and  persistence.  But  the  rule  will  be  likely  to  find 
further  exemplification,  that  libel  suits  seldom  result  in  real  verdicts 


57 


for  the  plaintiff.  And  the  rule,  we  believe,  has  become  so  well 
determined,  that  no  ordinary  causticity  of  remark,  or  offensiveness 
of  charges,  will  effect  an  exception. 

This  is  a  tribute  to  the  general  fairness  and  justice  of  newspaper 
criticism.  Mistakes  will  occur;  individuals  will  suffer  wrongfully; 
but  the  disposition  to  be  just  and  fair  is  almost,  if  not  quite,  univer¬ 
sal  with  the  press.  Freeness  and  fullness  of  speech  require,  as  a 
condition,  immunity  from  petty  and  annoying  prosecutions.  This 
the  temper  of  courts  and  juries  insures  to  journalists,  out  of  a  deep 
sense  of  the  great  value  to  society  and  the  State  of  that  independent 
censorship  which  the  press  exercises.  The  laws  are  stringent  and 
well  defined,  and  may  be  enforced  against  flagrant  and  positive 
abuses.  Against  an  editor  of  common  prudence  and  recognized 
integrity  they  are  a  dead  letter,  even  if  he  should  fall  into  glaring 
and  culpable  fault.  Any  one  who  deems  himself  aggrieved  may 
bring  annoyance  and  some  little  expense  upon  a  newspaper  by  insti¬ 
tuting  a  prosecution ;  but  all  this  will  fall  in  equal  or  greater  degree 
upon  himself.  He  will  find  lawyers  willing  to  help  him,  but  the 
sentiment  of  the  community,  although  it  may  deem  him  wronged, 
will  turn  to  the  other  side  before  he  can  bring  his  case  to  trial,  and 
it  will  be  a  difficult  thing  to  empannel  a  jury  which  will  agree  in  a 
severe  verdict  against  any  reputable  established  journal. 

The  fact  increases  the  moral  responsibility  of  newspaper  conduc- 
9  tors.  Practically  there  is  no  check  upon  their  criticism  and  verdicts, 
but  their  own  sense  of  right  and  honor.  They  may  strike,  and  the 
law  sets  no  shield  between  them  and  their  victim.  They  may  assail, 
and  only  conscious  integrity  can  stand  scatheless.  They  may  con¬ 
demn,  and  only  their  own  injustice  can  nullify  or  weaken  the  effect 
of  their  condemnations.  Pure  and  noble  character  cannot  be  shat¬ 
tered  or  besmeared  by  unjust  censure;  before  the  concentrated  light 
and  heat  of  newspaper  criticism  the  weak  and  the  base  must  be  ex¬ 
posed  and  melted  down.  In  the  long  run,  plain  speech,  even  reck¬ 
less  condemnation,  can  harm  no  true  man ;  false  charges,  in  time, 
correct  themselves;  and  the  freest  and  fullest  discussion  secures  the 
promptest  and  completest  measure  of  justice. 

Whether  we  adopt  the  theory  of  the  plaintiff,  or  that  of  the  defend¬ 
ant,  as  to  the  merits  of  this  particular  case,  we  cannot  fail  to  per¬ 
ceive  in  its  result,  indications  of  the  obvious  truth  we  have  men¬ 
tioned.  A  libel  suit  may  ventilate  particular  subjects  before  the 
public  eye.  It  may  bring  the  defendant  into  court,  and  put  him 
into  the  hands  of  lawyers.  It  may  produce  annoyance  and  compel 
expenditure.  But  a  verdict  for  exemplary  damages  has  ceased  to 
grow  on  that  tree. 


8 


[From  the  Buffalo  Courier.] 

PUBLIC  MORALS -THE  WEED-OPDYKE  CASE. 

The  New  York  Journal  of  Commerce ,  in  an  article  on  the  Weed- 
Opdyke  case,  says: 

“  There  is  one  point  in  this  case  to  which  we  desire  to  direct  atten¬ 
tion.  It  is  of  the  highest  importance,  as  illustrating  the  present 
state  of  our  public  morality. 

“It  was  charged  that  Mr.  Opdpke  sold  an  office,  receiving  pay  for 
his  influence  in  obtaining  an  ajapointment.  The  evidence  offered  to 
sustain  the  truth  of  the  charge  was,  that,  in  consideration  of  his 
exertions,  money  was  promised  from  the  Custom  House  to  aid  in  the 
election  of  Mr.  Opdyke  to  the  mayoralty.  This  was  denied  by  Mr. 
Opdyke,  and  we  do  not  pretend  to  decide  as  to  the  truth  of  the  mat¬ 
ter.  But  the  startling  fact  was  that  Mr.  Ojjdyke  and  his  counsel, 
admitting  the  recent  of  several  thousand  dollars  from  Custom 
House  collections,  to  aid  in  his  election,  boldly  took  the  position  that 
this  was  usual  and  common,  and  that  there  was  nothing  in  it  which 
was  to  be  found  fault  with.  In  short,  it  was  justified  as  an  estab¬ 
lished  American  custom,  and,  from  the  silence  of  the  other  side  on 
the  subject,  it  would  seem  as  if  it  were  an  admitted  doctrine  that 
the  raising  of  money  in  the  Custom  House  for  election  purposes,  by 
the  assessment  of  clerks,  &c.,  was  an  established  part  of  the  Ameri¬ 
can  common  law,  and  fully  approved  by  the  American  code  of 
morality. 

“What  have  we  come  to,  if  this  be  so?  Let  it  be  distinctly 
understood  that  this  custom  is  not  confined  to  the  Republican  party. 
It  is  a  Democratic  custom  also.  There  is  no  superior  morality  in 
one  party  over  the  other  in  this  respect.  But  have  we  arrived  at 
that  stage  when  the  public  mind  is  prepared  to  assent  to  the  doc¬ 
trine  that  it  is  right,  proper,  moral,  approved  by  good  citizens,  for  a 
party  in  power  to  assess  its  officeholders,  and  thus  use  the  public 
money  in  its  hands  for  the  purpose  of  extending  or  perpetuating  its 
power?  It  is  well  known  that  this  custom  prevails  in  the  Demo¬ 
cratic  party  wherever  it  holds  offices.  In  this  city,  especially,  it  is 
the  curse  of  the  charter  elections.  It  is  the  plundering  system  on 
which  numerous  organizations  are  founded  and  fattened.  And  in 
national  politics  it  results  in  demoralizing  the  entire  body  politic. 
Instead  of  permanent,  efficient,  skillful  and  experienced  clerks  and 
officeholders,  it  gives  us  tools  of  partisan  organizations  in  responsi¬ 
ble  posts,  and  wastes  the  national  power  and  wealth  for  the  reward 
of  partisan  services.  Why  are  people  so  blind  to  this  grand  defect 
in  our  public  policy?  When  the  custom  of  assessing  officeholders 
for  election  purposes  began,  or  was  first  made  public,  it  was  received 


59 


with  indignation  by  the  honest  sense  of  the  people.  W e  have  trav¬ 
eled  so  fast  that  we  now  see  an  ex-May  or  of  the  city  justifying  the 
custom  as  perfectly  right  and  proper,  and  one  which  he  believes  to 
be  sustained  by  the  public  sentiment  of  the  day !  ” 


[From  the  Buffalo  Commercial  Advertiser.] 

THE  OPDYKE-WEED  LIBEL  SUIT, 

The  result  of  this  long-contested  case  will  not  surprise  any  one 
who  has  kept  posted  in  its  details,  as  it  has  dragged  its  slow  length 
through  the  columns  of  the  New  York  papers.  The  jury,  after 
being  out  twenty-four  hours,  came  into  Court  and  stated  that  they 
could  not  agree.  It  seems  that  the  court  had  charged  that  upon 
one  point,  which  was  undefended,  the  publication  was  libelous  in 
law;  and  it  was  upon  this  point  that  the  jury  were  unable  to  agree, 
nine  of  them  desiring  to  give  a  verdict  for  six  cents,  the  others  being 
in  favor  of  some  other  sum.  The  New  York  Times  states  that 
“upon  the  announcement  of  the  result  many  of  the  citizens  in 
attendance  crowded  around  Mr.  Weed  and  his  counsel  with  con¬ 
gratulations.” 

We  sincerely  tender  our  congratulations,  as  well,  to  the  veteran 
who  has  thus  again  triumphed  over  his  enemies,  and  we  commend 
the  result  to  the  attention  of  sensitive  politicians  who  feel  inclined 
to  rush  into  court  for  plasters  to  damaged  reputations,  as  another 
instance  of  the  unwillingness  of  juries  to  place  any  restriction  upon 
the  proper  freedom  of  the  press.  Having  within  the  past  four  years 
had  the  pleasure  of  “adding  up”  certain  ambitious  politicians  in  this 
locality,  who  dragged  us  into  court  to  answer  the  charge  of  having 
defamed  their  characters,  which  the  juries  valued  at  precisely  six 
cents,  we  feel  justified  in  extending  our  hearty  congratulations  to 
Mr.  Weed  upon  the  “lame  and  impotent  conclusion”  which  has 
attended  this  last  raid  upon  his  private  purse. 

Libel  suits  may  now  be  considered  as  about  “played  out.”  Noth¬ 
ing  can  justify  editorial  attacks  upon  private  character,  but  when  a 
man  puts  himself  before  the  people  and  asks  for  public  positions  of 
honor  and  trust,  he  should  understand  that  he  places  himself  upon 
trial,  as  it  were,  and  can  no  longer  screen  himself  behind  the  immu¬ 
nities  due  to  private  life.  If  he  is  bold  enough  to  ask  his  fellow 
citizens  to  certify  that  he  is  honest,  capable  and  virtuous,  he  must 
not  complain  if  some  who  know  to  the  contrary,  speak  “what  they 
do  know,”  for  the  benefit  of  the  public  at  large. 


60 


[From  the  Buffalo  Morning  Express.] 

THE  WEED-OPDYKE  TRIAL. 

F or  the  present  this  long-winded  trial  has  been  brought  to  a  close, 
by  the  non-agreement  of  the  jury.  We  doubt  if  it  ever  goes  upon 
the  calendar  again.  This  whole  affair  possesses  some  very  peculiar 
features.  Opdyke  sued  Weed  for  the  recovery  of  damages  sustained 
through  the  publication  of  an  alleged  wicked  libel.  Mr.  Weed 
defended,  and  the  suit  was  brought  to  trial,  and,  by  a  very  peculiar 
turn  of  the  case,  Opdyke,  instead  of  Weed,  was  on  trial  throughout. 
The  testimony  was  far  more  damaging  to  the  character  of  Mr. 
Opdyke  than  the  libelous  article,  which  was  made  the  foundation  of 
the  suit,  would  have  been  if  let  entirely  alone;  and  hence,  in  our 
opinion,  this  is  the  last  we  shall  hear  of  the  Opdyke-Weed  libel  case. 
Opdyke  went  a  wool  gathering  and  came  home  shorn. 

While  we  have  not  approved  of  all  that  Mr.  Weed  has  written 
and  published  over  the  signature  of  “T.  W.,”  during  the  last  year 
or  two,  yet  in  this  Opdyke  controversy  he  has  had  our  fullest  sym¬ 
pathies.  Because  of  political  differences,  there  has  been  an  evident 
conspiracy  in  and  out  of  New  York  city,  to  assail  and  damage  the 
reputation  of  Mr.  W eed  by  every  possible  invention.  He  was  pur¬ 
sued  with  a  malignity  almost  Avithout  parallel,  and  Avhen  pushed 
beyond  patience,  he  turned  and  rent  his  persecutors.  It  was  out  of 
this  proceeding  that  the  famous  libel  suit  originated,  and  Ave  con¬ 
gratulate  Mr.  Weed  upon  the  result.  Those  Avho  are  in  such  haste 
to  gratify  personal  or  political  malice  by  gross  defamation,  may 
draAV  a  salutary  lesson  from  this  case.  It  teaches  that  it  is  not  safe 
for  him  who  is  not  without  fault,  to  cast  the  first  stone. 


[From  the  Norwich  (Conn.)  Morning  Bulletin.] 

THE  OPDYKE-WEED  LIBEL  SUIT. 

The  trial  of  the  famous  libel  suit  of  ex-Mayor  George  Opdyke  v. 
Mr.  Thurlow  Weed,  was  begun  on  Tuesday,  December  13,  and  after 
continuing  through  eighteen  days,  was  given  to  the  jury  on  Tues¬ 
day,  the  1 0th  instant.  After  being  out  twenty  hours,  they  found 
themselves  unable  to  agree.  The  court  haAring  charged  them  on  one 
point  of  the  publication,  that  it  was  libellous  in  law  and  undefended, 
the  jury  could  not  decide  upon  that  point  whether  six  cents  or  some 
other  sum  would  be  the  proper  amount  of  damages.  Seven  of  them 
at  one  time,  and  nine  at  another,  favored  the  aAvard  of  six  cents. 
There  is,  apparently,  a  law  of  libration  in  affairs,  in  accordance  with 
which  it  is  perhaps  fitting  that  this  cause,  protracted  to  such  an 


61 


extraordinary  length,  calling  out  so  many  men  of  more  or  less 
eminence  as  witnesses,  and  pending  between  personages  of  such 
peculiar  public  notoriety,  should  have  ended  in  no  verdict,  and  in  a 
debate  whether  six  cents’  worth  of  hurt  was  done  the  plaintilf’s 
character  by  the  publication  of  the  libel. 


[From  the  Northern  Journal.] 

THE  OPDYKE-WEED  LIBEL  SUIT. 

No  libel  suit  which  has  ever  been  tried  in  this  country  has  excited 
so  much  attention,  or  occupied  so  large  a  space  in  the  public  press. 
It  has  continued  through  a  full  month,  the  parties  having  employed 
the  very  ablest  counsel  in  the  State. 

It  has  been  evident  to  very  many,  for  some  time,  that  there  could 
be  no  heavy  verdict  for  the  plaintilf,  and  a  disagreement  seemed 
most  probable. 

And  this  is  the  result.  The  Jury  have  not  agreed,  there  being 
seven  for  a  verdict  for  the  defendant  and  five  for  the  plaintiff. 

This  is,  of  course,  a  substantial  verdict  for  the  defendant ;  and 
that  he  deserved  such  a  verdict,  no  one,  we  -think  (whether  friend  or 
foe)  will  doubt  who  has  carefully  read  the  testimony. 


[From  the  Batavia  Advocate.] 

THE  OPDYKE  AND  WEED  TRIAL. 

This  celebrated  trial,  which  has  been  before  the  Court  in  New 
York  for  a  month  or  so  past,  has  finally  come  to  an  end.  It  was  a 
suit  for  libel,  brought  by  George  Opdyke  against  Thurlow  Weed, 
founded  upon  one  of  the  letters  published  in  the  Albany  Evening 
Journal  some  months  since,  in  which  Mr.  Weed  made  some  very 
damaging  charges  against  ex-Mayor  Opdyke. 

The  interest  taken  in  this  trial  has  probably  been  greater  than  in 
any  other  similar  trial  which  ever  came  before  a  New  York  jury. 
The  parties  were  well  known,  and  the  Court  House  was  filled  every 
day  during  the  lengthy  trial.  The  jury  found  themselves  unable  to 
agree,  and  were  discharged.  It  is  reported  that  they  stood  seven 
for  six  cents  damages ,  and  five  for  greater  damages.  We  guess  Mr. 
Opdyke  will  not  be  in  a  hurry  to  sue  Mr.  Weed  again. 


62 


[From  the  Schenectady  Star.] 

OPDYKE  y.  WEED. 

The  jury  in  the  Opdyke-Weed  libel  case  were  seven  for  a  verdict 
for  the  defendant  and  five  for  the  plaintiff.  This  is  a  substantial 
verdict  for  the  former.  Very  few  will  regret  the  result.  Mr.  Weed 
was  quite  as  much  sinned  against  as  sinning.  Mr.  Opdyke  should 
have  been  contented  with  the  means  of  retaliation  offered  him 
though  the  public  press  for  the  smart  from  Mr.  Weed’s  whip  which 
he  provoked.  The  law  is  not  intended  for  such  cases.  It  was  a 
political  quarrel,  and  both  gentlemen  had  ample  space  for  its  settle¬ 
ment  through  the  legitimate  channel.  It  was,  on  Mr.  Opdyke’s 
part,  as  the  counsel  for  Mr.  Weed  well  said,  a  simple  attempt  to 
get  money,  and  that  is  a  commodity  which  certainly  will  not  heal 
wounded  honor. 


Trials „ 


L65833_ vol.  14. 


DATE 

ISSUED  TO 

^72  2 


^<7/4  /  *7* 


